6–30–10 Wednesday Vol. 75 No. 125 June 30, 2010

Pages 37707–37974

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Contents Federal Register Vol. 75, No. 125

Wednesday, June 30, 2010

Agricultural Marketing Service Teachers for a Competitive Tomorrow; Programs for PROPOSED RULES Master’s Degrees in Science, Technology, Apricots Grown in Designated Counties in Washington; Engineering, Mathematics, etc., 37767–37771 Increased Assessment Rate, 37740–37742 Transition Programs for Students with Intellectual Disabilities into Higher Education, etc., 37771–37776 Agricultural Research Service Applications for New Awards Using Fiscal Year (FY) 2009 NOTICES Funds: Agency Information Collection Activities; Proposals, Smaller Learning Communities Program; Correction, Submissions, and Approvals, 37749 37779–37780 Proposed Waivers and Extensions of Project Periods: Agriculture Department Education Department General Administrative See Agricultural Marketing Service Regulations (EDGAR), 37780–37781 See Agricultural Research Service See Food Safety and Inspection Service Energy Department See Forest Service See Federal Energy Regulatory Commission NOTICES Children and Families Administration Energy Employees Occupational Illness Compensation NOTICES Program Act of 2000: Agency Information Collection Activities; Proposals, Revision to List of Covered Facilities, 37781–37782 Submissions, and Approvals, 37815 Meetings: Agency Information Collection Activities; Proposals, DOE/NSF Nuclear Science Advisory Committee, 37783– Submissions, and Approvals: 37784 Order/Notice to Withold Income for Child Support, Environmental Management Site-Specific Advisory 37816 Board, Paducah, 37782–37783 National Commission on the BP Deepwater Horizon Oil Coast Guard Spill and Offshore Drilling, 37783 RULES Safety Zones: July Fireworks Display in Captain of the Port, Puget Environmental Protection Agency Sound AOR, 37722 RULES New Bern Air Show, Neuse River, NC, 37720–37722 Disapproval of California State Implementation Plan Temporary Suspension: Revisions: Certain Oil Spill Response Time Requirements to Support Monterey Bay Unified Air Pollution Control District, Deepwater Horizon Oil Spill of National Significance 37727–37730 (SONS) Response, 37712–37720 Exemption from Requirement of Tolerance: Pasteuria Usgae, 37734–37737 Commerce Department National Emission Standards for Hazardous Air Pollutants See Industry and Security Bureau From Petroleum Refineries; Correction, 37730–37732 See International Trade Administration National Emission Standards: See National Oceanic and Atmospheric Administration Hazardous Air Pollutants for Reciprocating Internal NOTICES Combustion Engines; Correction, 37732–37733 Request for Public Comment to Inform Development of OMB Approvals Under the Paperwork Reduction Act; National Export Initiative Plan, 37756–37757 Technical Amendment, 37722–37727 Regulation of Fuels and Fuel Additives: Community Development Financial Institutions Fund Modifications to Renewable Fuel Standard Program; NOTICES Partial Withdrawal of Rule, 37733 Agency Information Collection Activities; Proposals, Temporary Suspension: Submissions, and Approvals, 37880 Certain Oil Spill Response Time Requirements to Support Deepwater Horizon Oil Spill of National Significance Defense Department (SONS) Response, 37712–37720 NOTICES Time-Limited Tolerances: Meetings: 1-Naphthaleneacetic Acid; Technical Correction, 37738– Military Leadership Diversity Commission; Correction, 37739 37765 NOTICES Antimicrobial Registration Review Final Work Plan and Education Department Proposed Registration Review Decision: NOTICES Lauryl Sulfate Salts, 37790–37792 Agency Information Collection Activities; Proposals, Application for Emergency Exemption: Submissions, and Approvals, 37765–37766 Formaldehyde Gas, 37792–37793 Applications for New Awards for Fiscal Year (FY) 2010: Meetings: Centers of Excellence for Veteran Student Success, Science Advisory Board Ecological Processes and Effects 37776–37779 Committee, 37793–37794

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Public Teleconference: Intent to Issue a Supplemental Environmental Assessment: Air Quality Modeling Subcommittee of the Advisory Mahoning Creek Hydroelectric Company, LLC; Proposed Council on Clean Air Compliance Analysis, 37794– Mahoning Creek Hydroelectric Project, 37790 37795 Receipt and Status Information: Federal Highway Administration Certain New Chemicals, 37795–37799 NOTICES Transfer of Data: Agency Information Collection Activities; Proposals, Dynamac Corporation, 37799–37800 Submissions, and Approvals, 37874 Buy America Waiver Notification, 37874–37878 Executive Office of the President Final Federal Agency Actions on Proposed Highway in See Presidential Documents California, 37878–37879 Federal Maritime Commission Federal Aviation Administration NOTICES RULES Agreements Filed, 37805 Airworthiness Directives: Ocean transportation Intermediary Licenses; Applicants, Bombardier, Inc. Model CL–600–2B19 (Regional Jet Series 37805–37806 100 & 440) Airplanes, 37708–37711 Automatic Dependent Surveillance: Federal Reserve System Broadcast (ADS–B) Out Performance Requirements To NOTICES Support Air Traffic Control (ATC) Service; Change in Bank Control Notices; Acquisition of Shares of Correction, 37711–37712 Bank or Bank Holding Companies, 37804 Broadcast (ADS–B) Out Performance Requirements To Formations of, Acquisitions by, and Mergers of Bank Support Air Traffic Control (ATC) Service; Technical Holding Companies, 37804–37805 Amendment, 37712 Proposals to Engage in Permissible Nonbanking Activities NOTICES or to Acquire Companies Engaged in Permissible Petitions for Exemption; Summary of Petitions Received, Nonbanking Activities, 37805 37879 Federal Trade Commission Federal Communications Commission NOTICES NOTICES Analysis of Proposed Consent Order to Aid Public Agency Information Collection Activities; Proposals, Comment: Submissions, and Approvals, 37800–37802 Twitter, Inc., 37806–37808 Meetings: Advisory Committee for the 2012 World Fiscal Service Radiocommunication Conference, 37802–37803 NOTICES Petition for Expedited Clarification and Declaratory Ruling: Contract Disputes Act: Global Tel Link Corp.; Applicability of Telephone Prompt Payment Interest Rate, 37881 Consumer Protection Act and Federal Surety Companies Acceptable on Federal Bonds—Change Communications Commission Rules, 37803–37804 in Business Address and Redomestication: Safeco National Insurance Co., 37881 Federal Emergency Management Agency Surety Companies Acceptable on Federal Bonds—Change NOTICES in State of Incorporation: Major Disaster Declarations: United States Fidelity and Guaranty Co., 37881 South Dakota, 37822 Fish and Wildlife Service RULES Federal Energy Regulatory Commission Subsistence Management Regulations for Public Lands in PROPOSED RULES Alaska (2010–11 and 2011–12): Transmission Planning and Cost Allocation by Subsistence Taking of Wildlife Regulations; Subsistence Transmission Owning and Operating Public Utilities, Taking of Fish on the Yukon River Regulations, 37884–37916 37918–37969 NOTICES Applications: Food and Drug Administration Dominion Transmission, Inc., 37784 NOTICES Union Electric Company dba AmerenUE, 37784–37785 Agency Information Collection Activities; Proposals, Baseline Filing: Submissions, and Approvals: Crosstex LIG, LLC, 37786 Guidance for Industry Entitled Hypertension Indication; Crosstex North Texas Pipeline, L.P., 37785–37786 Drug Labeling for Cardiovascular Outcome Claims, DCP Guadalupe Pipeline, LLC, 37786 37816–37818 Louisville Gas and Electric Co., 37785 Public Workshop: Washington 10 Storage Corp., 37786–37787 Issues in the Design and Conduct of Clinical Trials for Combined Filings, 37787–37788 Antibacterial Drug Development, 37818–37819 Declaration of Intention and Soliciting Comments, Protests, and/or Motions to Intervene: Food Safety and Inspection Service Antrim Treatment Trust, 37788–37789 NOTICES Filings: Meetings: Orlando Utilities Commission, 37789–37790 Measuring Progress on Food Safety; Current Status and Public Service Company of Colorado, 37790 Future Directions, 37752–37753

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Nominations for Membership: Housing and Urban Development Department National Advisory Committee on Microbiological Criteria NOTICES for Foods, 37754–37756 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Choice Voucher Program; Application, Allowances for Foreign Assets Control Office Tenant-Furnished Utilities, Inspections, Financial NOTICES Reports, etc., 37825–37826 Blocking of Specially Designated National Pursuant to Indian Housing Block Grant Program (Combined and Executive Order (13413), 37880–37881 Simplified Indian Housing Plan, etc.); Withdrawal, 37826–37827 Forest Service Minimum Property Standards for Multifamily and Care– type Facilities, 37825 RULES Regulatory Waiver Requests Granted for the First Quarter of Subsistence Management Regulations for Public Lands in Calendar Year (2010), 37827–37837 Alaska (2010–11 and 2011–12): Subsistence Taking of Wildlife Regulations; Subsistence Industry and Security Bureau Taking of Fish on the Yukon River Regulations, PROPOSED RULES 37918–37969 Export Administration Regulations: NOTICES Addition of New Export Control Classification Number Environmental Impact Statements; Availability, etc.: 6A981; Passive Infrasound Sensors, 37742–37744 White River National Forest, Colorado, Oil and Gas Leasing, 37749–37752 Interior Department Meetings: See Fish and Wildlife Service Gallatin County Resource Advisory Committee, 37754 Lawrence County Recource Advisory Committee, 37753– International Trade Administration 37754 NOTICES Prince of Wales Resource Advisory Committee, 37753 Extension of Time Limits for Final Results of 2008–2009 Administrative Review: Frozen Warmwater Shrimp from Socialist Republic of Health and Human Services Department Vietnam, 37757 See Children and Families Administration Initiation and Preliminary Results of Changed- See Food and Drug Administration Circumstances Review: See Health Resources and Services Administration Frozen Warmwater Shrimp from Vietnam, 37757–37759 See National Institutes of Health Initiation of Antidumping and Countervailing Duty NOTICES Administrative Reviews and Requests for Revocation in Agency Information Collection Activities; Proposals, Part, 37759–37765 Submissions, and Approvals, 37808–37812 Final Effect of Designation of a Class of Employees for Justice Department Addition to the Special Exposure Cohort, 37812 NOTICES Meetings: Lodging of Consent Decree Under the Clean Water Act, Secretary’s Advisory Committee on Human Research 37837–37838 Protections, 37813–37814 Secretary’s Advisory Committee on National Health Labor Department Promotion and Disease Prevention Objectives for See Labor Statistics Bureau 2020, 37813 Statement of Organization, Functions, and Delegations of Labor Statistics Bureau Authority: NOTICES Center for Faith-Based and Neighborhood Partnerships; Agency Information Collection Activities; Proposals, Office of Health Reform, 37814 Submissions, and Approvals, 37838–37840 National Institutes of Health Health Resources and Services Administration NOTICES NOTICES Meetings: Agency Information Collection Activities; Proposals, National Institute of Neurological Disorders and Stroke, Submissions, and Approvals, 37815–37816 37818 National Institute on Alcohol Abuse and Alcoholism, 37818 Homeland Security Department See Coast Guard National Oceanic and Atmospheric Administration See Federal Emergency Management Agency RULES See U.S. Citizenship and Immigration Services Fisheries of Northeastern United States: See U.S. Customs and Border Protection Atlantic Mackerel, Squid, and Butterfish Fisheries; RULES Adjustment to Loligo Trimester 2 and 3 Quota, 37739 Administrative Process for Seizures and Forfeitures Under PROPOSED RULES the Immigration and Nationality Act and Other Fisheries of the Northeastern United States: Authorities, 37707–37708 Magnuson-Stevens Fishery Conservation and NOTICES Management Act Provisions; Surfclam and Ocean Proposed Information Quality Guidelines Policy, 37819 Quahog Fishery, 37745–37748

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Fisheries off West Coast States; Pacific Coast Groundfish NOTICES Fishery Management Plan: Funding Availability: Amendments 20 and 21; Trawl Rationalization Program; National Infrastructure Investments Under Correction, 37744–37745 Transportation, Housing and Urban Development, and Related Agencies Appropriations Act (2010), Nuclear Regulatory Commission 37873–37874 NOTICES Agency Information Collection Activities; Proposals, Treasury Department Submissions, and Approvals, 37840–37842 See Community Development Financial Institutions Fund Issuance of Regulatory Guide, 37842 See Fiscal Service See Foreign Assets Control Office Pension Benefit Guaranty Corporation NOTICES U.S. Citizenship and Immigration Services Privacy Act; Systems of Records, 37842–37856 NOTICES Agency Information Collection Activities; Proposals, Presidential Documents Submissions, and Approvals: ADMINISTRATIVE ORDERS Application to Register Permanent Residence or Adjust Preservation of Access to Care for Medicare Beneficiaries Status, 37820–37821 and Pension Relief Act of 2010; Implementation Petition for Amerasian, Widow, or Special Immigrant, Guidance (Memorandum of June 25, 2010), 37971– 37820 37973 Petition for Nonimmigrant Worker, 37822 Petition to Remove Conditions on Residence, 37821 Public Debt Bureau See Fiscal Service U.S. Customs and Border Protection Securities and Exchange Commission NOTICES NOTICES Meetings: Applications: Advisory Committee on Commercial Operations of Lazard Global Total Return and Income Fund, Inc., et al., Customs and Border Protection, 37823 37856–37860 Quarterly IRS Interest Rates Used in Calculating Interest on Order of Suspension of Trading: Overdue Accounts and Refunds on Customs Duties, Aris Industries, Inc., 37860–37861 37823–37825 Self-Regulatory Organizations; Proposed Rule Changes: NASDAQ OMX BX, Inc., 37863–37864 National Stock Exchange, Inc., 37861–37863 Separate Parts In This Issue NYSE AMEX LLC, 37870–37872 NYSE Arca, 37868–37870 Part II NYSE Arca, Inc., 37866–37868 Energy Department, Federal Energy Regulatory Options Clearing Corp., 37864–37866 Commission, 37884–37916

Small Business Administration Part III NOTICES Agriculture Department, Forest Service, 37918–37969 Interest Rates, 37872–37873 Interior Department, Fish and Wildlife Service, 37918– 37969 State Department NOTICES Part IV Meetings: Presidential Documents, 37971–37973 U.S. Advisory Commission on Public Diplomacy, 37873

Surface Transportation Board NOTICES Reader Aids Discontinuance of Trackage Rights Exemption: Consult the Reader Aids section at the end of this page for Soo Line Railroad Co.; Wayne, Washtenaw, Oakland, phone numbers, online resources, finding aids, reminders, Livingston, Ingham, Clinton, Eaton, Barry, et al. and notice of recently enacted public laws. Counties, MI, etc., 37878 To subscribe to the Federal Register Table of Contents Transportation Department LISTSERV electronic mailing list, go to http:// See Federal Aviation Administration listserv.access.gpo.gov and select Online mailing list See Federal Highway Administration archives, FEDREGTOC-L, Join or leave the list (or change See Surface Transportation Board settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

3 CFR Administrative Orders: Memorandums: Memorandum of June 25, 2010 ...... 37973 7 CFR Proposed Rules: 922...... 37740 8 CFR 274...... 37707 14 CFR 39...... 37708 91 (2 documents) ...... 37711, 37712 15 CFR Proposed Rules: 742...... 37742 774...... 37742 902...... 37744 18 CFR Proposed Rules: 35...... 37884 19 CFR 162...... 37707 33 CFR 154...... 37712 155...... 37712 165 (2 documents) ...... 37720, 37722 36 CFR 242...... 37918 40 CFR 9...... 37722 52...... 37727 63 (2 documents) ...... 37730, 37732 80...... 37733 112...... 37712 180 (2 documents) ...... 37734, 37738 50 CFR 100...... 37918 648...... 37739 Proposed Rules: 648...... 37745 660...... 37744

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Rules and Regulations Federal Register Vol. 75, No. 125

Wednesday, June 30, 2010

This section of the FEDERAL REGISTER 1, 2003, the former Immigration and conducted under a consolidated contains regulatory documents having general Nationalization Service (INS) of the procedure. The change permits CBP to applicability and legal effect, most of which Department of Justice and the former entertain petitions for remission and are keyed to and codified in the Code of U.S. Customs Service of the Department return of seized property prior to Federal Regulations, which is published under of the Treasury were transferred to the 50 titles pursuant to 44 U.S.C. 1510. completing the forfeiture process, Department of Homeland Security regardless of whether the seizure was The Code of Federal Regulations is sold by (DHS) and reorganized to become the made under customs or immigration the Superintendent of Documents. Prices of U.S. Citizenship and Immigration laws, and regardless of whether it was new books are listed in the first FEDERAL Services (USCIS), the Bureau of made by CBP or ICE. Additionally, the REGISTER issue of each week. Immigration and Customs Enforcement interim final rule revised the text of 8 (ICE), and the Bureau of Customs and CFR 274.2 to provide the Chief, Office 1 Border Protection (CBP). of Border Patrol or his designees, with DEPARTMENT OF HOMELAND After passage of the HSA, both CBP the same powers that are provided to SECURITY and ICE retained authority to perform Fines, Penalties and Forfeitures Officers asset seizures and forfeitures under the in 19 CFR parts 162 and 171, for Office of the Secretary provisions of 8 CFR part 274 and 19 purposes of administering seizures and CFR parts 162 and 171. For the purpose 8 CFR Part 274 of improved efficiency, DHS forfeitures made by Border Patrol consolidated the processing of asset Officers. 19 CFR Part 162 forfeitures into CBP’s operations. The The interim final rule also amended [USCBP–2006–0122; CBP Dec. 10–24] regulations in titles 8 and 19, however, the text of 19 CFR sections 162.21, provided two different procedures. 162.91, and 162.92 by replacing RIN 1651–AA58 Pursuant to the provisions of section outdated references to Customs, the 618 of the Tariff Act of 1930, as Customs Service, or legacy Customs Administrative Process for Seizures amended (19 U.S.C. 1618), petitions for officials with updated references to and Forfeitures Under the Immigration remission of forfeitures were accepted CBP, ICE, or the appropriate CBP or ICE and Nationality Act and Other by CBP prior to initiation of any Authorities officials. Additionally, the reference to administrative or judicial forfeiture section 460 of the Tariff Act of 1930, as AGENCY: Office of the Secretary, DHS. process. In contrast, the regulations amended (19 U.S.C. 1460) was removed ACTION: Final rule. adopted under section 274(b) of the from 19 CFR 162.22 (d) because it had Immigration and Nationality Act of been repealed by Public Law 99–570, SUMMARY: On February 19, 2008, the 1952, as amended (8 U.S.C. 1324(b) title III, section 3115(b), Oct. 27, 1986, Department of Homeland Security (INA)), provided that the remission or 100 Stat. 3207–82 and the paragraphs of issued an interim final rule that mitigation of such forfeitures could section 162.22 were redesignated consolidated the asset seizure and occur only after completion of the accordingly. forfeiture procedures for customs and forfeiture process despite the fact that The interim final rule requested immigration purposes. The interim final this restriction was not imposed by rule primarily aligned forfeiture statute. public comments. The prescribed comment period closed on April 21, procedures to allow petitioners to seek Interim Final Rule remission of seized property before the 2008. Only one comment was received completion of the forfeiture process. On February 19, 2008, DHS issued an and its contents were beyond the scope The interim final rule also made interim final rule amending DHS of the interim final rule. regulations to consolidate the technical and conforming changes to Conclusion update the regulations. This final rule procedures for processing adopts, without change, the interim administrative seizures and forfeitures Accordingly, this rule adopts as a final rule. and to make technical and conforming final rule, without change, the interim changes to the regulations. The interim DATES: This final rule is effective June final rule published on February 19, final rule was published in the Federal 30, 2010. 2008. Register at 73 FR 9010. Specifically, the FOR FURTHER INFORMATION CONTACT: For interim final rule revised the text of 8 Administrative Procedure Act CBP: Charles Ressin, Penalties Branch, CFR 274.1 to provide that all seizures U.S. Customs and Border Protection and forfeitures will be administered in This rule is procedural in nature and (202) 325–0050. For ICE: Jason J. accordance with 19 CFR parts 162 and does not alter the substantive rights of Johnsen, Writer/Editor, Office of Policy, 171. As a result, the procedures the affected parties. Therefore, this rule U.S. Immigration and Customs previously used for immigration-related is exempt from the public notice and Enforcement, (202) 732–4245. forfeitures were eliminated and all asset comment requirements pursuant to 5 SUPPLEMENTARY INFORMATION: forfeiture proceedings are now U.S.C. 553(b)(A). In addition, since this final rule adopts without change an Background 1 DHS subsequently changed the name of the interim final rule, which has been in On November 25, 2002, the President Bureau of Customs and Border Protection to U.S. effect since February 19, 2008, the signed into law the Homeland Security Customs and Border Protection, and the Bureau of delayed effective date requirement Immigration and Customs Enforcement to U.S. Act of 2002, Public Law 107–296, 116 Immigration and Customs Enforcement on March under 5 U.S.C. 553(d) is unnecessary Stat. 2135 (HSA). As a result, on March 31, 2007 (see 72 FR 20131, dated April 23, 2007). and does not apply.

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Regulatory Requirements DEPARTMENT OF TRANSPORTATION Discussion Executive Order 12866 Federal Aviation Administration We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR This rule is not a significant 14 CFR Part 39 part 39 to include an AD that would regulatory action under Executive Order apply to the specified products. That 12866. [Docket No. FAA–2009–1029; Directorate NPRM was published in the Federal Identifier 2009–NM–103–AD; Amendment Regulatory Flexibility Act Register on November 5, 2009 (74 FR 39–16348; AD 2010–14–03] 57271), and proposed to supersede AD Because a notice of proposed RIN 2120–AA64 2009–06–17, Amendment 39–15854 (74 rulemaking was not required for this FR 13086, March 26, 2009). That NPRM rule, the provisions of the Regulatory Airworthiness Directives; Bombardier, proposed to correct an unsafe condition Flexibility Act (5 U.S.C. 601 et seq.) do Inc. Model CL–600–2B19 (Regional Jet for the specified products. not apply. Series 100 & 440) Airplanes Since we issued AD 2009–06–17, we have been advised that additional air- AGENCY: Federal Aviation Paperwork Reduction Act driven generators may have been Administration (FAA), Department of installed between the effective date of DHS has determined that the Transportation (DOT). Canadian Airworthiness Directive CF– collection of information required by ACTION: Final rule. this rule falls under the ‘‘administrative 2008–09, and the effective date of the exception’’ to the Paperwork Reduction SUMMARY: We are superseding an equivalent FAA AD 2009–06–17. Act of 1995 (44 U.S.C. 3501 et seq.). The existing airworthiness directive (AD) for Therefore, we have determined that the ‘‘administrative exception,’’ applies the products listed above. This AD actions specified in paragraph (f)(1) of because any such collection is made results from mandatory continuing AD 2009–06–17 also must be done on during the conduct of administrative airworthiness information (MCAI) airplanes having serial numbers 8084 action taken by an agency against originated by an aviation authority of through 8102. specific individuals or entities. 5 CFR another country to identify and correct Comments 1320.4(a)(2). an unsafe condition on an aviation product. The MCAI describes the unsafe We gave the public the opportunity to Signing Authority condition as: participate in developing this AD. We considered the comments received. The authority to prescribe regulations Following in-flight test deployments, to administer and enforce the several Air-Driven generators (ADGs) failed Support for the NPRM immigration laws was transferred by the to come on-line. Investigation revealed that, as a result of a wiring anomaly that had not The Air Line Pilots Association, Homeland Security Act to the Secretary International supports the intent of the of Homeland Security. The signing been detected during ADG manufacture, a short circuit was possible between certain NPRM. authority for these amendments, internal wires and their metallic over-braided Request To Revise the Proposed therefore, falls under 8 CFR 2.1. shields, which could result in the ADG not providing power when deployed. * * * Applicability To Apply AD to Part, Not List of Subjects Airplanes The unsafe condition is failure of the 8 CFR Part 274 ADG, which could lead to loss of several Air Wisconsin Airlines Corporation (Air Wisconsin) suggests that we revise Administrative practice and functions essential for safe flight. We are the applicability statement of the NPRM procedure, Seizures and forfeitures, issuing this AD to require actions to to refer to the specific serial numbers of Conveyances. correct the unsafe condition on these products. the air-driven generators (ADGs) as 19 CFR Part 162 installed on Model CL–600–2B19 DATES: This AD becomes effective (Regional Jet Series 100 & 440) Administrative practice and August 4, 2010. airplanes; certificated in any category. procedure, Customs duties and On April 30, 2009 (74 FR 13086, Air Wisconsin states that the FAA said inspection, Law enforcement, Penalties, March 26, 2009), the Director of the in AD 2008–01–04, Amendment 39– Prohibited merchandise, Reporting and Federal Register approved the 15329 (73 FR 1964, January 11, 2008), recordkeeping requirements, Seizures incorporation by reference of a certain that parts on the shelf pose no safety and forfeitures. publication listed in this AD. concern. ADDRESSES: You may examine the AD Amendments From these statements, we infer that docket on the Internet at http:// Air Wisconsin requests that we change www.regulations.gov or in person at the ■ Accordingly, the interim final rule the applicability statement of the NPRM U.S. Department of Transportation, amending part 274 of title 8 of the Code to refer to the ADG part numbers instead Docket Operations, M–30, West of Federal Regulations (8 CFR part 274) of the airplane model. We disagree. Building Ground Floor, Room W12–140, and part 162 of title 19 of the Code of When an unsafe condition results from 1200 New Jersey Avenue, SE., Federal Regulations (19 CFR part 162), the installation of a particular Washington, DC. which was published in the Federal component in only one particular make Register at 73 FR 9010 on February 19, FOR FURTHER INFORMATION CONTACT: and model of airplane, we apply the AD 2008, is adopted as a final rule without Fabio Buttitta, Aerospace Engineer, to the airplane model, not the change. Airframe and Mechanical Systems component. Thus, operators of those Branch, ANE–171, FAA, New York airplanes will be notified directly of the Dated: June 22, 2010. Aircraft Certification Office, 1600 unsafe condition and the action Janet Napolitano, Stewart Avenue, Suite 410, Westbury, required to correct it. Specifying the Secretary. New York 11590; telephone (516) 228– airplane models in the applicability of [FR Doc. 2010–15580 Filed 6–29–10; 8:45 am] 7303; fax (516) 794–5531. the AD will ensure affected operators BILLING CODE 9111–14–P SUPPLEMENTARY INFORMATION: are aware of their need to comply with

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the AD. We have not changed the AD in public interest require adopting the AD section, Congress charges the FAA with this regard. with the changes described previously. promoting safe flight of civil aircraft in We also determined that these changes air commerce by prescribing regulations Request To Withdraw NPRM will not increase the economic burden for practices, methods, and procedures Air Wisconsin requests that we on any operator or increase the scope of the Administrator finds necessary for rescind the NPRM for several reasons. the AD. safety in air commerce. This regulation Air Wisconsin states the unsafe is within the scope of that authority Differences Between This AD and the condition has already been mitigated because it addresses an unsafe condition MCAI or Service Information through AD 2009–06–17, Amendment that is likely to exist or develop on 39–15854 (74 FR 13086, March 26, We have reviewed the MCAI and products identified in this rulemaking 2009), which this final rule supersedes. related service information and, in action. Air Wisconsin also notes that all the general, agree with their substance. But referenced data in the NPRM is the same we might have found it necessary to use Regulatory Findings as in AD 2009–06–17. Air Wisconsin different words from those in the MCAI We determined that this AD will not points out that the airplanes referred to to ensure the AD is clear for U.S. have federalism implications under in paragraphs (f)(1)(i), (f)(1)(ii), operators and is enforceable. In making Executive Order 13132. This AD will (f)(1)(ii)(B), (f)(3), (g)(1)(i), (g)(1)(ii), these changes, we do not intend to differ not have a substantial direct effect on (g)(1)(ii)(B), and (g)(2) of the NPRM do substantively from the information the States, on the relationship between not indicate or reference the proposed provided in the MCAI and related the national government and the States, airplane change. Therefore, Air service information. or on the distribution of power and Wisconsin argues, the NPRM does not We might also have required different responsibilities among the various apply to these airplanes. Finally, Air actions in this AD from those in the levels of government. Wisconsin states that paragraph (f)(2) of MCAI in order to follow our FAA For the reasons discussed above, I AD 2009–06–17 and paragraph ‘‘B.’’ of policies. Any such differences are certify this AD: Canadian Airworthiness Directive CF– highlighted in a Note within the AD. 1. Is not a ‘‘significant regulatory 2008–09, dated February 5, 2008, action’’ under Executive Order 12866; prohibit the installation of ADGs Explanation of Change to Costs of Compliance 2. Is not a ‘‘significant rule’’ under the identified in Table 1 of the AD unless DOT Regulatory Policies and Procedures it is identified with the symbol ‘‘24–2.’’ Since issuance of the NPRM, we have (44 FR 11034, February 26, 1979); and We disagree with the request to increased the labor rate used in the 3. Will not have a significant withdraw the NPRM. AD 2009–06–17 Costs of Compliance from $80 per work- economic impact, positive or negative, applies to Model CL–600–2B19 hour to $85 per work-hour. The Costs of on a substantial number of small entities (Regional Jet Series 100 & 440) Compliance information, below, reflects under the criteria of the Regulatory airplanes; certificated in any category; this increase in the specified hourly Flexibility Act. having serial numbers 7305 through labor rate. We prepared a regulatory evaluation 7990, and 8000 and subsequent. The Costs of Compliance of the estimated costs to comply with inspection requirement in that AD this AD and placed it in the AD docket. applied to airplanes having serial We estimate that this AD will affect numbers 7305 through 7990 inclusive, about 686 products of U.S. registry. Examining the AD Docket and 8000 through 8083 inclusive. We The actions that are required by AD You may examine the AD docket on are now superseding AD 2009–06–17 to 2009–06–17 and retained in this AD the Internet at http:// expand the inspection requirement and take about 5 work-hours per product, at www.regulations.gov; or in person at the to include airplanes having serial an average labor rate of $85 per work- Docket Operations office between 9 a.m. numbers 8084 through 8102 inclusive. hour. Required parts would cost about and 5 p.m., Monday through Friday, Because we have expanded the $0 per product. Where the service except Federal holidays. The AD docket applicability, we are superseding AD information lists required parts costs contains the NPRM, the regulatory 2009–06–17 to address the unsafe that are covered under warranty, we evaluation, any comments received, and condition on those additional airplanes, have assumed that there will be no other information. The street address for even though the technical data remains charge for these costs. As we do not the Docket Operations office (telephone the same. Additionally, the control warranty coverage for affected (800) 647–5527) is in the ADDRESSES requirements in the previous AD do not parties, some parties may incur costs section. Comments will be available in address units that were installed on higher than estimated here. Based on the AD docket shortly after receipt. airplanes before April 30, 2009 (the these figures, we estimate the cost of effective date of AD 2009–06–17). We this AD to the U.S. operators to be List of Subjects in 14 CFR Part 39 have not changed the AD in regard to $291,550, or $425 per product. Air transportation, Aircraft, Aviation this issue. Authority for This Rulemaking safety, Incorporation by reference, Safety. Explanation of Change Made to the Title 49 of the United States Code Proposed AD specifies the FAA’s authority to issue Adoption of the Amendment We have revised the NPRM to identify rules on aviation safety. Subtitle I, ■ section 106, describes the authority of Accordingly, under the authority the legal name of the manufacturer as delegated to me by the Administrator, published in the most recent type the FAA Administrator. ‘‘Subtitle VII: Aviation Programs,’’ describes in more the FAA amends 14 CFR part 39 as certificate data sheet for the affected follows: airplane models. detail the scope of the Agency’s authority. Conclusion PART 39—AIRWORTHINESS We are issuing this rulemaking under DIRECTIVES We reviewed the relevant data, the authority described in ‘‘Subtitle VII, considered the comment received, and Part A, Subpart III, Section 44701: ■ 1. The authority citation for part 39 determined that air safety and the General requirements.’’ Under that continues to read as follows:

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Authority: 49 U.S.C. 106(g), 40113, 44701. Following in-flight test deployments, 601R–24–113, Revision A, dated August 11, several Air-Driven generators (ADGs) failed 2005, no further action is required by this § 39.13 [Amended] to come on-line. Investigation revealed that, paragraph. ■ 2. The FAA amends § 39.13 by as a result of a wiring anomaly that had not (ii) If the serial number is listed in removing Amendment 39–15854 (74 FR been detected during ADG manufacture, a paragraph 1.A of Bombardier Service Bulletin short circuit was possible between certain 601R–24–113, Revision A, dated August 11, 13086, March 26, 2009) and adding the internal wires and their metallic over-braided following new AD: shields, which could result in the ADG not 2005, within 12 months after April 30, 2009, inspect the ADG identification plate and, as 2010–14–03 Bombardier, Inc.: Amendment providing power when deployed. This 39–16348. Docket No. FAA–2009–1029; directive mandates checking of the ADG and applicable, do the actions of paragraph Directorate Identifier 2009–NM–103–AD. modification of the ADG internal wiring, if (f)(1)(ii)(A) or (f)(1)(ii)(B) of this AD. required. It also prohibits future installation (A) If the identification plate is marked Effective Date of unmodified ADGs. with the symbol ‘‘24–2,’’ no further action is (a) This airworthiness directive (AD) The unsafe condition is failure of the ADG, required by this paragraph. becomes effective August 4, 2010. which could lead to loss of several functions (B) If the identification plate is not marked Affected ADs essential for safe flight. with the symbol ‘‘24–2,’’ modify the ADG wiring in accordance with the (b) This AD supersedes AD 2009–06–17, Restatement of Requirements of AD 2009– Accomplishment Instructions of Bombardier Amendment 39–15854. 06–17, With No Changes Service Bulletin 601R–24–113, Revision A, Applicability Actions and Compliance dated August 11, 2005. (c) This AD applies to Bombardier, Inc. (f) Unless already done, do the following (2) For airplanes having S/Ns 7305 through Model CL–600–2B19 (Regional Jet Series 100 actions. 7990, and 8000 and subsequent: As of April & 440) airplanes; certificated in any category; (1) For airplanes having serial numbers 30, 2009, no ADG as described in Table 1 of having serial numbers (S/Ns) 7305 through (S/Ns) 7305 through 7990 and 8000 through this AD may be installed on any airplane, 7990, and 8000 and subsequent. 8083: Within 12 months after April 30, 2009 unless the identification plate of the ADG is (the effective date of AD 2009–06–17), identified with the symbol ‘‘24–2.’’ Subject inspect the S/N of the installed ADG. A (d) Air Transport Association (ATA) of review of airplane maintenance records is Note 1: Bombardier Service Bulletin 601R– America Code 24: Electrical power. acceptable in lieu of this inspection if the 24–113, Revision A, dated August 11, 2005, serial number of the ADG can be refers to Hamilton Sundstrand Service Reason conclusively determined from that review. Bulletin ERPS10AG–24–2, dated February (e) The mandatory continuing (i) If the serial number is not listed in 19, 2004, for further guidance on identifying airworthiness information (MCAI) states: paragraph 1.A of Bombardier Service Bulletin the symbol ‘‘24–2.’’

TABLE 1—ADG IDENTIFICATION

ADG Part No. Having ADG Serial No.

604–90800–1 (761339C), 604–90800–17 0101 through 0132, 0134 through 0167, 0169 through 0358, 0360 through 0438, 0440 through (761339D), or 604–90800–19 (761339E). 0456, 0458 through 0467, 0469, 0471 through 0590, 0592 through 0597, 0599 through 0745, 0747 through 1005, or 1400 through 1439.

(3) Actions done before April 30, 2009, actions specified in paragraph (g)(1)(ii)(A) or Certification Office, ANE–170, FAA, has the according to Bombardier Service Bulletin (g)(1)(ii)(B) of this AD. authority to approve AMOCs for this AD, if 601R–24–113, dated April 22, 2004, are (A) If the identification plate is marked requested using the procedures found in 14 considered acceptable for compliance with with the symbol ‘‘24–2,’’ no further action is CFR 39.19. Send information to ATTN: the corresponding actions specified in required by this paragraph. Program Manager, Continuing Operational paragraph (f)(1) of this AD, provided the ADG (B) If the identification plate is not marked Safety, FAA, New York ACO, 1600 Stewart has not been replaced since those actions with the symbol ‘‘24–2,’’ modify the ADG Avenue, Suite 410, Westbury, New York were done. wiring in accordance with the 11590; telephone 516–228–7300; fax 516– Accomplishment Instructions of Bombardier 794–5531. Before using any approved AMOC New Requirements of This AD Service Bulletin 601R–24–113, Revision A, on any airplane to which the AMOC applies, dated August 11, 2005. Actions and Compliance notify your principal maintenance inspector (2) Actions done before the effective date (g) Unless already done, do the following (PMI) or principal avionics inspector (PAI), actions. of this AD according to Bombardier Service Bulletin 601R–24–113, dated April 22, 2004, as appropriate, or lacking a principal (1) For airplanes having S/Ns 8084 through inspector, your local Flight Standards District 8102: Within 12 months after the effective are considered acceptable for compliance with the corresponding actions specified in Office. The AMOC approval letter must date of this AD, inspect the serial number of specifically reference this AD. the installed ADG. A review of airplane paragraph (g)(1) of this AD, provided the ADG has not been replaced since those (2) Airworthy Product: For any requirement maintenance records is acceptable in lieu of in this AD to obtain corrective actions from this inspection if the serial number of the actions were done. a manufacturer or other source, use these ADG can be conclusively determined from FAA AD Differences actions if they are FAA-approved. Corrective that review. (i) If the serial number is not listed in Note 2: This AD differs from the MCAI actions are considered FAA-approved if they paragraph 1.A of Bombardier Service Bulletin and/or service information as follows: The are approved by the State of Design Authority 601R–24–113, Revision A, dated August 11, MCAI specifies to inspect S/Ns 7305 through (or their delegated agent). You are required 2005, no further action is required by this 7990 and 8000 through 8083. This AD also to assure the product is airworthy before it paragraph. specifies to inspect S/Ns 8084 through 8102. is returned to service. (ii) If the serial number is listed in (3) Reporting Requirements: For any paragraph 1.A of Bombardier Service Bulletin Other FAA AD Provisions reporting requirement in this AD, under the 601R–24–113, Revision A, dated August 11, (h) The following provisions also apply to provisions of the Paperwork Reduction Act 2005, within 12 months after the effective this AD: (44 U.S.C. 3501 et seq.), the Office of date of this AD, inspect the ADG (1) Alternative Methods of Compliance Management and Budget (OMB) has identification plate and, as applicable, do the (AMOCs): The Manager, New York Aircraft approved the information collection

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requirements and has assigned OMB Control rule, the FAA amended its regulations Miscellaneous Amendments,’’ published Number 2120–0056. to add equipage requirements and October 16, 2009 (74 FR 53368), the Related Information performance standards for Automatic FAA revised part 21 subpart O, and (i) Refer to MCAI Canadian Airworthiness Dependent Surveillance—Broadcast § 21.609 Approval for deviation was Directive CF–2008–09, dated February 5, (ADS–B) Out avionics on aircraft renumbered as § 21.618, effective April 2008; and Bombardier Service Bulletin 601R– operating in Classes A, B, and C 14, 2010. The FAA later published a 24–113, Revision A, dated August 11, 2005; airspace, as well as certain other correction to that rule on March 1, 2010 for related information. specified classes of airspace within the (75 FR 9095) changing the effective date Material Incorporated by Reference U.S. National Airspace System (NAS). for the revision of subpart O to April 16, This document corrects errors in 2011. In the ADS–B final rule, therefore, (j) You must use Bombardier Service Bulletin 601R–24–113, Revision A, dated footnoted material in the preamble and the FAA is changing the references from August 11, 2005, to do the actions required cross references in the preamble and § 21.618 to § 21.609 to reflect the correct by this AD, unless the AD specifies rule text of that final rule. section number. The FAA also is issuing otherwise. DATES: The final rule and this correction a separate technical amendment (1) The Director of the Federal Register will become effective August 11, 2010. elsewhere in this issue of the Federal previously approved the incorporation by FOR FURTHER INFORMATION CONTACT: For Register to change the reference from reference of Bombardier Service Bulletin technical questions concerning this final § 21.609 to § 21.618, effective April 16, 601R–24–113, Revision A, dated August 11, 2011. 2005, on April 30, 2009 (74 FR 13086, March rule, contact Vincent Capezzuto, 26, 2009). Surveillance and Broadcast Services, In final rule FR Doc. 2010–12645, (2) For service information identified in AJE–6, Air Traffic Organization, Federal beginning on page 30160, in the Federal this AD, contact Bombardier, Inc., 400 Coˆte- Aviation Administration, 800 Register of May 28, 2010, make the Vertu Road West, Dorval, Que´bec H4S 1Y9, Independence Avenue, SW., following corrections: Canada; telephone 514–855–5000; fax 514– Washington, DC 20591; telephone (202) Corrections to Preamble 855–7401; e-mail 385–8637; email [email protected]; Internet http:// www.bombardier.com. [email protected]. 1. On page 30164, in the second (3) You may review copies of the service For legal questions concerning this column, in fourth line, revise ‘‘§ 21.618’’ information at the FAA, Transport Airplane final rule, contact Lorelei Peter, Office to read ‘‘§ 21.609.’’ of the Chief Counsel, AGC–220, Federal Directorate, 1601 Lind Avenue, SW., Renton, 2. On page 30166, in the second Washington. For information on the Aviation Administration, 800 column, revise footnote 23 to read as availability of this material at the FAA, call Independence Avenue, SW., follows: 425–227–1221. Washington, DC 20591; telephone 202– (4) You may also review copies of the 267–3134; e-mail [email protected]. 23 The SSWG findings and analyses were service information that is incorporated by adopted by RTCA SC–186 and codified in SUPPLEMENTARY INFORMATION: reference at the National Archives and Annexes B and G of DO–318 Safety, Records Administration (NARA). For Background Performance and Interoperability information on the availability of this Requirements Document for Enhanced Air material at NARA, call 202–741–6030, or go On May 28, 2010, the FAA published Traffic in Radar-Controlled Areas Using to: http://www.archives.gov/federal_register/ a final rule entitled, ‘‘Automatic ADS–B Surveillance (ADS–B RAD). The code_of_federal_regulations/ Dependent Surveillance—Broadcast annexes are available at http:// ibr_locations.html. (ADS–B) Out Performance Requirements www.regulations.gov. The docket number for Issued in Renton, Washington, on June 17, To Support Air Traffic Control (ATC) this rulemaking is FAA–2007–29305. 2010. Service’’ (75 FR 30160). 3. On page 30169, in the third Robert D. Breneman, There are three footnotes in the preamble for the final rule that refer the column, revise footnote 33 to read as Acting Manager, Transport Airplane follows: Directorate, Aircraft Certification Service. reader to the docket to find information 33 The FAA’s determination was based on [FR Doc. 2010–15819 Filed 6–29–10; 8:45 am] on the analyses and evaluations performed by the Separation Standards the findings of the SSWG, which were BILLING CODE 4910–13–P Working Group. The FAA is revising adopted by RTCA SC–186 and codified in two of those footnotes (footnotes 23 and Annexes B and G of DO–318 Safety, 33) to clarify that the cited material is Performance and Interoperability DEPARTMENT OF TRANSPORTATION Requirements Document for Enhanced Air contained in Annexes B and G of RTCA Traffic in Radar-Controlled Areas Using Federal Aviation Administration DO–318 Safety, Performance and ADS–B Surveillance (ADS–B RAD). The Interoperability Requirements annexes are available at http:// 14 CFR Part 91 Document for Enhanced Air Traffic in www.regulations.gov. The docket number for Radar-Controlled Areas Using ADS–B this rulemaking is FAA–2007–29305. [Docket No. FAA–2007–29305; Amdt. No. 91–314–A] Surveillance (ADS–B RAD). A copy of those two annexes is in the docket. The 4. On page 30179, in the third RIN 2120–AI92 third footnote (footnote 54) cites a SBS column, revise footnote 54 to read as Working Group Report, dated November follows: Automatic Dependent Surveillance— 30, 2006. This footnote should reference 54 These operational evaluations were Broadcast (ADS–B) Out Performance instead Annexes B and G of RTCA DO– based on the findings of the SSWG, were Requirements To Support Air Traffic 318. adopted by RTCA SC–186 and codified in Control (ATC) Service; Correction In addition, both the preamble Annexes B and G of DO–318 Safety, discussion and the regulatory text of Performance and Interoperability AGENCY: Federal Aviation Requirements Document for Enhanced Air Administration (FAA), DOT. §§ 91.225 and 91.227 address equipment Traffic in Radar-Controlled Areas Using ACTION: Final rule; correction. with an approved deviation under ADS–B Surveillance (ADS–B RAD). The § 21.618. By separate rulemaking annexes are available at http:// SUMMARY: The FAA is correcting a final entitled ‘‘Production and Airworthiness www.regulations.gov. The docket number for rule published on May 28, 2010. In that Approval, Part Marking, and this rulemaking is FAA–2007–29305.

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Corrections to Regulatory Text For legal questions concerning this Reference, Reporting and recordkeeping final rule, contact Lorelei Peter, Office requirements. § 91.225 [Corrected] of the Chief Counsel, AGC–220, Federal The Amendment 1. On page 30193, in the third Aviation Administration, 800 column, amend § 91.225 (c) by revising Independence Avenue, SW., ■ Accordingly, title 14 of the Code of ‘‘§ 21.618’’ to read ‘‘§ 21.609.’’ Washington, DC 20591; telephone 202– Federal Regulations (CFR) part 91 is § 91.227 [Corrected] 267–3134; e-mail [email protected]. amended as follows: SUPPLEMENTARY INFORMATION: 2. On page 30195, in the second PART 91—GENERAL OPERATING AND column, amend § 91.227 (f) by revising Background FLIGHT RULES ‘‘§ 21.618’’ to read ‘‘§ 21.609.’’ On October 16, 2009, the FAA ■ Issued in Washington, DC, on June 24, published a separate rulemaking 1. The authority citation for part 91 2010. entitled ‘‘Production and Airworthiness continues to read as follows: Pamela Hamilton-Powell, Approval, Part Marking, and Authority: 49 U.S.C. 106(g), 1155, 40103, Director, Office of Rulemaking. Miscellaneous Amendments’’ (74 FR 40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717, [FR Doc. 2010–15852 Filed 6–29–10; 8:45 am] 53368) in which the FAA revised part 21 subpart O. As part of that revision, 44722, 46306, 46315, 46316, 46504, 46506– BILLING CODE 4910–13–P 46507, 47122, 47508, 47528–47531, articles current § 21.609 Approval for deviation 12 and 29 of the Convention on International was renumbered as § 21.618, effective Civil Aviation (61 stat.1180). DEPARTMENT OF TRANSPORTATION April 14, 2010. On May 28, 2010, the FAA published § 91.225 [Amended] Federal Aviation Administration a final rule entitled, ‘‘Automatic ■ 2. Amend § 91.225 (c) by revising Dependent Surveillance—Broadcast ‘‘§ 21.609’’ to read ‘‘§ 21.618.’’ 14 CFR Part 91 (ADS–B) Out Performance Requirements To Support Air Traffic Control (ATC) § 91.227 [Amended] [Docket No. FAA–2007–29305; Amdt. No. Service’’ (75 FR 30160). In that final ■ 91–316] 3. Amend § 91.227 (f) by revising rule, the FAA referenced § 21.618 ‘‘§ 21.609’’ to read ‘‘§ 21.618.’’ RIN 2120–AI92 Approval for deviation in both the preamble and the regulatory text of Issued in Washington, DC, on June 24, 2010. Automatic Dependent Surveillance— §§ 91.225 and 91.227. The FAA later Pamela Hamilton-Powell, Broadcast (ADS–B) Out Performance published a correction to the October Requirements To Support Air Traffic 16, 2009, part 21 rule on March 1, 2010 Director, Office of Rulemaking. Control (ATC) Service; Technical (75 FR 9095) changing the effective date [FR Doc. 2010–15853 Filed 6–29–10; 8:45 am] Amendment for the revision of subpart O to April 16, BILLING CODE 4910–13–P 2011. The FAA inadvertently did not AGENCY: Federal Aviation reflect the section is currently numbered Administration, DOT. § 21.609 and explain that it would DEPARTMENT OF HOMELAND ACTION: Final rule; technical become § 21.618 on April 16, 2011. SECURITY amendment. By a correction document published elsewhere in this issue of the Federal Coast Guard SUMMARY: The FAA is making minor Register, the FAA is correcting the cross technical changes to a final rule reference to read ‘‘§ 21.609’’ in the May 33 CFR Parts 154 and 155 published in the Federal Register on 28, 2010, ADS–B final rule. May 28, 2010. In that final rule the FAA This technical amendment amends ENVIRONMENTAL PROTECTION amended its regulations to add equipage §§ 91.225 and 91.227 to revise the cross AGENCY requirements and performance references to § 21.609 to read § 21.618 standards for Automatic Dependent effective April 16, 2011. 40 CFR Part 112 Surveillance—Broadcast (ADS–B) Out avionics on aircraft operating in Classes Discussion of Technical Amendment [Docket No. USCG–2010–0592; EPA–HQ– A, B, and C airspace, as well as certain As discussed above, this action makes OPA–2010–0559] other specified classes of airspace the appropriate amendatory change to RIN 1625–AB49; 2050–AG63 within the U.S. National Airspace revise cross references to § 21.609 to System (NAS). This technical read ‘‘§ 21.618’’ in §§ 91.225 and 91.227. Temporary Suspension of Certain Oil amendment changes a cross reference to This amendment will not impose any Spill Response Time Requirements To a section in part 21 subpart O to be additional restrictions on operators Support Deepwater Horizon Oil Spill of consistent with revisions to that affected by these regulations. National Significance (SONS) subpart. On April 16, 2011, the effective date Response of this technical amendment, the cross DATES: Effective April 16, 2011. reference appearing on page 30164 in AGENCIES: Coast Guard, DHS, and FOR FURTHER INFORMATION CONTACT: For the preamble of the May 28, 2010, final Environmental Protection Agency. technical questions concerning this final rule, which now reads ‘‘§ 21.618’’ and is ACTION: Emergency temporary interim rule, contact Vincent Capezzuto, being corrected to read ‘‘§ 21.609’’ rule. Surveillance and Broadcast Services, elsewhere in this issue of the Federal AJE–6, Air Traffic Organization, Federal Register, will revert to reading SUMMARY: This joint Coast Guard and Aviation Administration, 800 ‘‘§ 21.618.’’ Environmental Protection Agency (EPA) Independence Avenue, SW., temporary interim rule will suspend oil Washington, DC 20591; telephone (202) List of Subjects in 14 CFR Part 91 spill response time requirements, and 385–8637; e-mail Aircraft, Airmen, Air traffic control, certain identification and location [email protected]. Aviation safety, Incorporation by requirements, for facilities and vessels

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whose response resources are relocated below for instructions on submitting comments and related materials on this in support of the Deepwater Horizon comments. rule and on the environmental effects of SONS response. By providing oil spill Documents indicated in this preamble this rule on the Gulf of Mexico and on removal organizations (OSROs), and as being available in the docket are part the areas from which response resources facilities and vessels with their own of dockets USCG–2010–0592 and EPA– could be deployed. All comments response resources, with the temporary HQ–OPA–2010–0559 and are available received will be posted, without change, opportunity to relocate response online by going to http:// to http://www.regulations.gov and will resources from current locations to the www.regulations.gov, inserting USCG– include any personal information you Gulf of Mexico, this rule directly assists 2010–0592 or EPA–HQ–OPA–2010– have provided. 0559 in the ‘‘Keyword’’ box, and then in the urgently needed immediate A. Submitting Comments relocation of nationwide oil spill clicking ‘‘Search.’’ They are also response resources to the Gulf of Mexico available for inspection or copying at If you submit a comment, please to aid in the response to the Deepwater the Docket Management Facility (M–30), include the docket numbers for this Horizon SONS. The rule also provides U.S. Department of Transportation, rulemaking (USCG–2010–0592; EPA– notice that the Federal On-Scene West Building Ground Floor, Room HQ–OPA–2010–0559), indicate the Coordinator for the Deepwater Horizon W12–140, 1200 New Jersey Avenue, SE., specific section of this document to SONS has requested the Armed Forces Washington, DC 20590, between 9 a.m. which each comment applies, and to relocate Armed Forces oil spill and 5 p.m., Monday through Friday, provide a reason for each suggestion or response resources, in particular those except Federal holidays; and EPA recommendation. You may submit your of the Navy, from their current locations Docket Center (EPA/DC), EPA West, comments and material online (via to the Gulf of Mexico to aid in the Room 3334, 1301 Constitution Avenue, http://www.regulations.gov) or by fax, response to the Deepwater Horizon NW., Washington, DC 20460, Public mail or hand delivery, but please use SONS. Reading Room, between 8:30 a.m. to only one of these means. If you submit 4:30 p.m., Monday through Friday, a comment online via http:// DATES: Effective Date: This rule is excluding legal holidays. The telephone www.regulations.gov, it will be effective from June 30, 2010 through number for the EPA Docket Center considered received by the Coast Guard December 31, 2010. Public Reading Room is 202–566–1744, and EPA when you successfully Comment Period: Comments and and the telephone number to make an transmit the comment. If you fax, hand related material must reach the Coast appointment to view the docket is 202– deliver, or mail your comment, it will be Guard or EPA at the ADDRESSES listed 566–0276. considered received by the Coast Guard below on or before August 16, 2010. EPA’s policy is that all comments and EPA when it is received at either ADDRESSES: You may submit comments received will be included in the public the Docket Management Facility or the identified by docket number USCG– docket without change, and may be EPA Docket Center. We recommend that 2010–0592; EPA–HQ–OPA–2010–0559 made available online at http:// you include your name and mailing using any one of the following methods: www.regulations.gov, including any address, e-mail address, or telephone • Federal eRulemaking Portal: http:// personal information provided, unless number in the body of your document www.regulations.gov. the comment includes information so that we can contact you if we have • Fax: Coast Guard, 202–493–2251; claimed to be Confidential Business questions regarding your submission. EPA, 202–566–9744, Attention Docket Information (CBI) or other information To submit your comment online, go to ID No. EPA–HQ–OPA–2010–0559. whose disclosure is restricted by statute. http://www.regulations.gov, click on the • Mail: Coast Guard, Docket Do not submit information that you ‘‘submit a comment’’ box, which will Management Facility (M–30), U.S. consider to be CBI or otherwise then become highlighted in blue. In the Department of Transportation, West protected through regulations.gov or e- ‘‘Document Type’’ drop down menu Building Ground Floor, Room W12–140, mail. select ‘‘Proposed Rule’’ and insert 1200 New Jersey Avenue, SE., FOR FURTHER INFORMATION CONTACT: If ‘‘USCG–2010–0592’’ or ‘‘EPA–HQ–OPA– Washington, DC 20590–0001. EPA, EPA you have questions on this temporary 2010–0559’’ in the ‘‘Keyword’’ box. Click Docket Center (EPA/DC), Docket ID No. rule, call or e-mail: ‘‘Search’’ then click on the balloon shape EPA–HQ–OPA–2010–0559, Mail Code Coast Guard: (Facilities) Mr. David in the ‘‘Actions’’ column. If you submit 2822T, 1200 Pennsylvania Avenue, Condino, Ports and Facilities Division, comments by mail or hand delivery, NW., Washington, DC 20460. Coast Guard, telephone 202–372–1145, submit them in an unbound format, no • Hand delivery: Coast Guard, same e-mail [email protected]; larger than 81⁄2 by 11 inches, suitable for as mail address above, between 9 a.m. (Vessels) LCDR Ryan Allain, Office of copying and electronic filing. If you and 5 p.m., Monday through Friday, Vessel Activities, Coast Guard, submit comments by mail and would except Federal holidays. The telephone telephone 202–372–1226, e-mail like to know that they reached the number is 202–366–9329. EPA, EPA [email protected]. If you have Facility, please enclose a stamped, self- Docket Center (EPA/DC), EPA West, questions on viewing the USCG–2010– addressed postcard or envelope. We will Room 3334, 1301 Constitution Avenue, 0952 docket, call Renee V. Wright, consider all comments and material NW., Washington, DC 20460. Attention Program Manager, Docket Operations, received during the comment period Docket ID No. EPA–HQ–OPA–2010– telephone 202–366–9826. and may change this rule based on your 0559. Such deliveries are accepted only EPA: Troy Swackhammer, U.S. comments. during the Docket’s normal hours of Environmental Protection Agency, operation, and special arrangements telephone 202–564–1966, e-mail B. Viewing Comments and Documents should be made for deliveries of boxed [email protected]. To view comments, as well as information. SUPPLEMENTARY INFORMATION: documents mentioned in this preamble To avoid duplication, please use only as being available in the docket, go to one of these four methods. See the I. Public Participation and Request for http://www.regulations.gov, click on the ‘‘Public Participation and Request for Comments ‘‘read comments’’ box, which will then Comments’’ portion of the We encourage you to participate in become highlighted in blue. In the SUPPLEMENTARY INFORMATION section this rulemaking by submitting ‘‘Keyword’’ box insert ‘‘USCG–2010–

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0592’’ or ‘‘EPA–HQ–OPA–2010–0559’’ of proposed rulemaking (NPRM) with need to respond to simultaneous and click ‘‘Search.’’ Click the ‘‘Open respect to this rule because it is incidents among their clients. To Docket Folder’’ in the ‘‘Actions’’ column. impracticable and contrary to public account for the unlikely event of You may also visit: the Docket interest to do so for the reasons set forth simultaneous incidents, OSROs utilize Management Facility in Room W12–140 in the following paragraphs. cascade plans to ensure each of their on the ground floor of the Department This temporary interim rule is part of clients will have the necessary response of Transportation West Building, 1200 the response to the explosion and resources and meet Coast Guard and New Jersey Avenue, SE., Washington, sinking of the Mobile Offshore Drilling EPA regulatory response time DC 20590, between 9 a.m. and 5 p.m., Unit ‘‘Deepwater Horizon’’ on April 20, requirements, and EPA response Monday through Friday, except Federal 2010, causing an unprecedented crude equipment identification and location holidays (the Coast Guard has an oil discharge, which is a Spill of requirements. This strategy may include agreement with the Department of National Significance (SONS). Large the identification of secondary Transportation to use the Docket quantities of oil continue to discharge resources, or backfilling resources that Management Facility); or the EPA into the waters of the Gulf of Mexico. can be accessed through cooperative Docket Center Public Reading Room in Also recently, the Federal On-Scene agreements as needed (cascading Room 3334 of the EPA West Building, Coordinator (FOSC) for the Deepwater resources), through increased 1301 Constitution Avenue, NW., Horizon SONS determined, after partnerships and the increased pooling Washington, DC 20460, between 8:30 working with the appropriate Federal of resources among several OSROs and a.m. to 4:30 p.m., Monday through agencies, that an adequate number of other stakeholders. Friday, excluding legal holidays. available U.S. oil spill response vessels Publishing an NPRM is impractical capable of skimming oil cannot be because of the ongoing environmental C. Privacy Act employed in a timely manner to recover and public health emergency created by Anyone can search the electronic the oil released from the Deepwater the unprecedented release of oil from form of comments received into any of Horizon SONS. (Memorandum from the Deepwater Horizon SONS, and the the dockets in http:// Rear Admiral J.A. Watson, FOSC BP environmental damage which would www.regulations.gov by the name of the Deepwater Horizon Oil Spill, to occur during any delay in making this individual submitting the comment (or National Incident Command (June 16, rule effective, including any time signing the comment, if submitted on 2010), available in the docket). devoted to any comment period. In behalf of an association, business, labor This temporary interim rule provides, addition, publishing an NPRM is union, etc.). You may review a Privacy in light of these exigent circumstances, contrary to the public interest of Act notice regarding Coast Guard public oil spill removal organizations (OSROs) addressing the ongoing environmental dockets in the January 17, 2008, issue of and facilities and vessels with their own and public health emergency and the Federal Register (73 FR 3316). response resources that are deploying minimizing environmental damage as response resources in support of the quickly as possible in response to this II. Abbreviations response to the Deepwater Horizon situation. AMPD Average Most Probable Discharge SONS, with the opportunity to relocate Under 5 U.S.C. 553(d)(3), the Coast CEQ Council on Environmental Quality additional response resources from their Guard and EPA find that good cause CFR Code of Federal Regulations current locations to the Gulf of Mexico exists for making this rule effective COTP Captain of the Port region to aid in the response to the fewer than 30 days after publication in DHS Department of Homeland Security EPA Environmental Protection Agency Deepwater Horizon SONS. the Federal Register for the same FOSC Federal On-Scene Coordinator This rule also confirms that the FOSC reasons discussed in the paragraphs FR Federal Register for the Deepwater Horizon SONS has above. MMPD Maximum Most Probable Discharge requested that the Armed Forces The Coast Guard and EPA request NEPA National Environmental Policy Act relocate response resources, in comments on this temporary interim of 1969 particular those of the Navy, from their rule, and will consider all material NPRM Notice of Proposed Rulemaking current locations within the continental received as well as any evidence OMB Office of Management and Budget United States to the Gulf of Mexico to obtained from the field in order to OSRO Oil Spill Removal Organizations aid in the response to the Deepwater determine whether any changes to this RFA Regulatory Flexibility Act SONS Spill of National Significance Horizon SONS. This temporary rule is rule are necessary. The Coast Guard and U.S.C. United States Code necessary to immediately relieve EPA will perform the first such WCD Worst Case Discharge facilities and vessels from current consideration of all material and regulatory requirements that would evidence at the close of the comment III. Regulatory Information hinder OSROs, and facilities and vessels period, and will then consider any new The Coast Guard and the with response resources, in their or additional material and evidence Environmental Protection Agency (EPA) opportunity to participate in the every 30 days thereafter. are issuing this temporary interim rule Deepwater Horizon SONS response. The Coast Guard and EPA have without prior notice and opportunity to This rule is also necessary to facilitate coordinated on this emergency comment pursuant to authority under any incorporation of Armed Forces temporary interim rule because many section 4(a) of the Administrative response resources into cascade plans oil spill response plans address both Procedure Act (5 U.S.C. 553(b)). This with private facilities and OSROs. A Coast Guard and EPA oil spill response provision authorizes an agency to issue cascade plan contains a strategy to requirements. Similarly, many regulated a rule without prior notice and maximize arrival times and the entities utilize the same oil spill opportunity to comment when the availability of response resources for response assets for oil spill response agency for good cause finds that those plan holders when identified response plans to comply with Coast Guard and procedures are ‘‘impracticable, resources are being used to respond to EPA oil spill response requirements. unnecessary, or contrary to the public another facility’s or vessel’s incident. Additionally, States are authorized by interest.’’ Under 5 U.S.C. 553(b)(B), the OSRO’s often contract their response Federal law to establish oil spill Coast Guard and EPA find that good resources to multiple facilities and response standards more stringent than cause exists for not publishing a notice vessels given the unlikelihood of the the Coast Guard and EPA. The Coast

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Guard and EPA, based on their roles and requirements, that would otherwise unique challenges posed by the responsibilities under 40 CFR 300.175, preclude them from relocating owned Deepwater Horizon spill. will coordinate and consult with response resources or releasing Section 1321(j)(5)(D)(iii) also requires Regional Response Teams and Area contracted response resources to be that these response resources be ensured Committees, which include State moved to the Gulf region. ‘‘by contract or other means.’’ Because representatives, regarding the need to Some facilities and vessels subject to contractual agreements between facility suspend Coast Guard and EPA response 33 CFR parts 154 and 155, and some and vessel owners and OSROs are not time requirements, and EPA response facilities subject to 40 CFR part 112, the only way to satisfy the requirements equipment identification and location subpart D, contract with OSROs for the of section 1321(j)(5)(D)(iii), the Coast requirements, as discussed below. availability of oil spill response Guard and EPA are encouraging facilities and vessels to release OSROs A. Basis and Purpose resources to comply with Coast Guard and EPA regulatory requirements. These under such contractual obligations to A major feature of the National contractual obligations keep OSROs provide response resources within Response System under the Federal from making their response resources specified response times above the Water Pollution Control Act (FWPCA) available for the response to the AMPD level and/or the Small Discharge (codified at 33 U.S.C. 1251 et seq.) is the Deepwater Horizon SONS. Other such level when those OSROs’ response requirement that owners and operators facilities and vessels have their own resources are deployed in response to of facilities and vessels have approved response resources to comply with these the Deepwater Horizon SONS, and response plans that identify and ensure regulatory requirements, and these instead to prepare for USCG-regulated the availability of personnel and requirements make the facilities and facilities and vessels WCDs and MMPDs equipment, by contract or other vessels unable to make their response and/or EPA-regulated facilities WCDs approved means, to remove to the resources available for the response to and Medium Discharges through ‘‘other maximum extent practicable a worst the SONS. The Coast Guard and EPA are means,’’ including cascade planning. case discharge or to mitigate or prevent encouraging an increase in available The unique challenges posed by the a substantial threat of such a discharge. ‘‘ response resources for the response to Deepwater Horizon spill make other Coast Guard implementing regulations ’’ the SONS by temporarily releasing these means more appropriate to ensure such establish three levels of specific facilities and vessels from the Coast capability while providing urgently response resources and response times Guard and EPA regulatory response needed response resources in the Gulf of for: (1) A worst case discharge (USCG- Mexico. time requirements, and EPA response regulated facilities and vessels WCD), Additionally, the Coast Guard and equipment identification and location (2) a maximum most probable discharge EPA believe this rule meets the intent of (MMPD), and (3) an average most requirements, if and only if they have 33 U.S.C. 1321 (j)(5)(A) both in terms of probable discharge (AMPD). See 33 CFR had their own or contracted response dealing, to the maximum extent parts 154 and 155. EPA implementing resources relocated to the Gulf of practicable, with the catastrophic regulations under the FWPCA provide Mexico in support of the response to the emergency presented by the Deepwater for oil spill responses at similar levels: Deepwater Horizon SONS. Horizon SONS, and in terms of meeting, (1) A worst case discharge to the Section 1321(j)(5)(D)(iii) of 33 U.S.C. to the maximum extent practicable, the maximum extent practicable (EPA- requires the identification and the potential worst case discharge in all regulated facilities WCD), (2) discharges availability of private personnel and other locations. Response resources greater than 2,100 gallons and less than equipment necessary to remove to the located outside the Gulf of Mexico or equal to 36,000 gallons or 10 percent maximum extent practicable a worst region are urgently needed in the Gulf of the capacity of the largest tank at the case discharge, and to mitigate or region to assist in the Deepwater facility, whichever is less, provided that prevent a substantial threat of such a Horizon SONS response. The urgent this amount is less than the worst case discharge. Existing facility and vessel need to use these assets in response to discharge (Medium Discharge), and (3) a response plans must adequately plan for the Deepwater Horizon SONS affects discharge of 2,100 gallons or less, a worst case discharge to comply with what is the ‘‘maximum extent provided that this amount is less than section 1321(j)(5)(D)(iii), as well as practicable.’’ the worst case discharge amount (Small additional regulatory requirements The phrase ‘‘maximum extent Discharge). See 40 CFR part 112, subpart under 33 CFR parts 154 and 155 and/ practicable’’ is not defined in the D. or 40 CFR part 112, subpart D. Those FWPCA. The phrase, however, is Currently, there is an urgent need to regulatory requirements include defined in Coast Guard regulations for maximize the availability of oil spill response times for response resources to use in 33 CFR parts 154 and 155 to response assets in the U.S. for use in respond to incidents of varying degree. mean ‘‘the planned capability to respond responding to the unprecedented and Response plans remain in effect as to a worst case discharge in adverse ongoing Deepwater Horizon SONS. statutorily required by section weather, as contained in a response plan Those assets are needed in the Gulf 1321(j)(5)(D)(iii). The Coast Guard is that meets the criteria [in Coast Guard region for the response to the Deepwater temporarily suspending only the regulations addressing oil spill response Horizon SONS. Therefore, the Coast regulatory response time for those assets plans for facilities and vessels] or in a Guard is temporarily releasing facilities to respond to a USCG-regulated specific plan approved by the cognizant and vessels subject to 33 CFR parts 154 facilities and vessels WCD or a MMPD COTP.’’ See 33 CFR 154.1020. This rule and 155, and the EPA is temporarily under the facility or vessel response temporarily suspends the response time releasing facilities subject to 40 CFR plan, and the EPA is temporarily requirements for 33 CFR parts 154 and part 112, subpart D, who own or have suspending only the regulatory response 155, which in effect amends the under contract response resources time requirements, and response regulatory definition of ‘‘maximum deployed in support of the response to equipment identification and location extent practicable’’ to exclude response the Deepwater Horizon SONS from requirements, for those assets to time requirements for MMPD and Coast Guard and EPA regulatory respond to an EPA-regulated facilities USCG-regulated facilities and vessels response time requirements, and EPA WCD or Medium Discharge under the WCD. The phrase is defined in EPA equipment identification and location facility response plan, because of the regulations for use in 40 CFR part 112

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to mean ‘‘within the limitations used to of Mexico in response to the FOSC’s installations available for deployment in determine oil spill planning resources request for assets. Those installations support of the SONS response. and response times for on-water are authorized to drop below the Coast Armed Forces installations are more recovery, shoreline protection, and Guard and EPA response time able than private facilities and vessels to cleanup for worst case discharges from requirements, and EPA response mitigate their own risk of delayed onshore non-transportation-related equipment identification and location response times and take advantage of facilities in adverse weather. It includes requirements, for response resources for any cascade planning, if they relocate the planned capability to respond to a an AMPD and/or a Small Discharge, as response resources to assist in the worst case discharge in adverse weather, applicable. response to the Deepwater Horizon as contained in a response plan that The intent of this rule is to make SONS. The National Contingency Plan meets the requirements in § 112.20 or in available more response resources for at 40 CFR 300.175(b)(4) specifically a specific plan approved by the Regional use in responding to the Deepwater authorizes the Department of Defense Administrator.’’ See 40 CFR 112.2. This Horizon SONS. When the FOSC makes ‘‘consistent with its operational rule temporarily suspends the response a request for response resources, the requirements and upon request of the time requirements, and response FOSC will coordinate with the [F]OSC, provide locally deployed U.S. equipment identification and location cognizant Captains of the Port (COTPs), Navy oil spill equipment and provide requirements, for 40 CFR part 112, Regional Response Teams, Area assistance to other federal agencies on which in effect amends the regulatory Committees, EPA and the National request.’’ Because of the inherent definition of ‘‘maximum extent Incident Commander in order to mobility of the Armed Forces, an Armed practicable’’ to exclude response time consider the relative environmental and Forces installation could more quickly requirements for Medium Discharges other risks and impacts of requesting return response resources to the original and EPA-regulated facilities WCD. and accepting offers for specific installation, if necessary, than an Therefore, from June 30, 2010 through response resources from locations individual, private facility or vessel. December 31, 2010 (or such other date outside the Gulf of Mexico. Additionally, an Armed Forces as may be established by publication in This action is supported by 33 U.S.C. installation provides its own response the Federal Register after the effective 1321(c) and (j), and is promulgated resources, which are dedicated to that date of this rule): under 33 U.S.C. 1321(j)(5)(A). installation, compared to a facility or • Oil spill and facility response plan B. Discussion of Coast Guard Rule vessel that relies on one or more OSROs holders need not require response times to provide response resources which are for MMPD and USCG-regulated facilities This rule adds to Coast Guard also contracted to other facilities or and vessels WCD levels, and need not regulations a temporary, new § 154.T150 vessels. Therefore, the FOSC has require response time requirements and to 33 CFR part 154, and a temporary, requested that Armed Forces response equipment identification and new § 155.T150 to 33 CFR part 155. installations relocate response resources location requirements for Medium Paragraph (a) of the temporary sections to the urgent situation in the Gulf of Discharge and EPA-regulated facilities sets forth applicability of each section. Mexico as set forth in this temporary WCD levels when their existing plans These sections only apply to facilities interim rule. and contracts for response resources and vessels that have contracted will be impacted due to providing response resources, or their own C. Discussion of EPA Rule response resources in support of the response resources, that are deployed to This rule adds to EPA regulations a Deepwater Horizon SONS so that participate in the Deepwater Horizon temporary, new § 112.22 to 40 CFR part meeting those response requirements is SONS response. 112. Paragraph (a) of the temporary impossible. The Coast Guard and EPA Paragraph (b) of the temporary section sets forth the applicability of will allow greater use of cascade plans sections suspend the regulatory this section. This section only applies to which, in combination, will protect response time requirements for (1) facilities that have contracted response ports and coastlines to the MMPD and MMPD and (2) USCG-regulated facilities resources, or their own response USCG-regulated facilities and vessels and vessels WCD. Paragraph (b) resources, that are deployed to WCD levels and to Medium Discharge suspends these requirements only from participate in the SONS response. and EPA-regulated facilities WCD June 30, 2010 through December 31, Paragraph (b) of the temporary section levels; and 2010. Except as described in paragraph suspends the regulatory requirements • Owners of facilities and vessels (d), paragraph (c) of the temporary for response times and the identification with contracts with OSROs are sections makes clear that the response of response equipment and its location encouraged to relieve those OSROs of time requirements for AMPD remain in for (1) Medium Discharges and (2) EPA- their responsibility to respond to MMPD effect for all facilities and vessels regulated facilities WCDs. Paragraph (b) and USCG-regulated facilities and regulated by 33 CFR Parts 154 and 155. suspends these requirements only from vessels WCD levels and to Medium In addition to OSROs and facilities June 30, 2010 through December 31, Discharge and EPA-regulated facilities and vessels regulated by 33 CFR parts 2010. Paragraph (b) also states that WCD levels within the required 154 and 155, Armed Forces installations changes to facility response plans due to response times under such contracts have response resources that are needed relocation of response equipment in when those OSROs’ response resources to respond to the Deepwater Horizon support of the response to the are deployed in response to the SONS. Paragraph (d) of § 154.T150 Deepwater Horizon SONS are not Deepwater Horizon SONS. confirms that the FOSC has requested required. Except as described in The Coast Guard and EPA response that the Armed Forces relocate response paragraph (d), paragraph (c) makes clear time requirements, and EPA assets to support the SONS response, that the response times for Small identification and location and authorizes Armed Forces Discharges remain in effect for facilities requirements, for response resources for installations responding to such a FOSC regulated by 40 CFR Part 112. an AMPD and/or Small Discharge, as request to revise their response times In addition to facilities regulated by applicable, remain in effect, except for below what is necessary for an AMPD 40 CFR Part 112, Armed Forces installations of the Armed Forces that in order to make the urgently needed installations have response resources relocate spill response assets to the Gulf response resources of Armed Forces that are needed to respond to the

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Deepwater Horizon SONS. Paragraph (d) requirements is only until the end of these required regulatory response of § 112.22 authorizes Armed Forces this calendar year, and the Coast Guard times. These contractual obligations installations responding to a FOSC and affected industry stakeholders will keep OSROs from making their response request to support SONS response to coordinate the positioning and resources available for the response to revise their response times below what deployment of additional response the SONS. Other such facilities and is necessary for a Small Discharge in assets in the Gulf of Mexico. vessels have their own response order to make the urgently needed Additionally, if planned-for response resources to comply with these response resources of Armed Forces resources have relocated to the Gulf of regulatory requirements, and these installations available for deployment in Mexico, cascade plans can be used to requirements preclude the facilities and support of the SONS response. The help minimize the risk of delayed vessels from making their response National Contingency Plan at 40 CFR response times. A cascade plan contains resources available for the response to 300.175(b)(4) supports this provision for an OSRO’s strategy to maximize arrival the SONS. By releasing these facilities the Armed Forces. times and the availability of response and vessels from the required Coast resources for plan holders given the Guard and EPA regulatory response IV. Regulatory Analyses deployment of response resources. This times, and EPA response equipment We developed this rule after strategy may include the identification identification and location considering numerous statutes and of secondary or cascading resources requirements, the Coast Guard and EPA executive orders related to rulemaking. through increased partnerships and the are encouraging owners and contracting Below we summarize our analyses increased pooling of resources among facilities and vessels to make more based on 14 of these statutes or several OSROs and other stakeholders. response resources available for the executive orders. Coast Guard COTPs will assist in response to the SONS. This will allow A. Regulatory Planning and Review facilitating the incorporation of Armed these additional response resources Forces installations into cascade plans from these areas to begin being brought This temporary interim rule is in when revising their respective Area into the Gulf of Mexico to respond to response to an emergency situation and Response Plans. The inclusion of Armed the SONS. the Coast Guard and EPA must act more Forces installations in cascade planning quickly than normal review procedures may be necessary to provide Armed B. Small Entities under Executive Order 12866, Forces installations that have The Regulatory Flexibility Act (RFA) Regulatory Planning and Review. In temporarily revised their response times (5 U.S.C. 601–612) requires agencies to accordance with section 6(a)(3)(D) of below that necessary for an average consider whether regulatory actions that Order, the Coast Guard and EPA most probable discharge and/or a Small would have a significant economic have communicated with the Office of Discharge with access to additional impact on a substantial number of small Management and Budget. The rule is not response resources. The inclusion of entities. The term ‘‘small entities’’ a significant regulatory action under Armed Forces installations in cascade comprises small businesses, not-for- section 3(f) of Executive Order 12866, planning will also allow Coast Guard profit organizations that are Regulatory Planning and Review, and regulated facilities and vessels to access independently owned and operated and does not require an assessment of remaining Armed Forces installation are not dominant in their fields, and potential costs and benefits under response resources in the event they are governmental jurisdictions with section 6(a)(3) of that Order. needed. populations of less than 50,000. An RFA This rule will temporarily suspend Additional assets are urgently needed analysis is not required when a rule is Coast Guard and EPA response time in the Gulf region for the response to the exempt from notice and comment requirements, and EPA response unprecedented and ongoing Deepwater rulemaking under 5 U.S.C. 553(b). The equipment identification and location Horizon SONS. Current assets in the Coast Guard and EPA determined that requirements, for facilities and vessels Gulf region have been fully utilized in this rule is exempt from notice and subject to 33 CFR parts 154 and 155 response to the SONS. Based on the comment rulemaking pursuant to 5 and/or 40 CFR 112, subpart D, as urgent need to maximize the availability U.S.C. 553(b)(B). Therefore, an RFA applicable. The suspension of these of oil spill response assets from around analysis is not required for this rule. regulatory requirements provides the country, the Coast Guard is industry and government the temporarily releasing facilities and C. Assistance for Small Entities opportunity to relocate oil spill vessels subject to 33 CFR parts 154 and Under section 213(a) of the Small response resources to the Gulf of Mexico 155, and the EPA is temporarily Business Regulatory Enforcement to aid in the response to the Deepwater releasing facilities subject to 40 CFR Fairness Act of 1996 (Pub. L. 104–121), Horizon SONS. There may be additional part 112, subpart D, whose response we offer to assist small entities in costs for relocating these resources. plans are impacted by relocation of understanding the rule so that they can If OSROs, or facilities or vessels with response resources in support of the better evaluate its effects on them and their own response resources, response to the Deepwater Horizon participate in the rulemaking process. temporarily relocate infrastructure and SONS, from Coast Guard and EPA Small businesses may send comments assets to the Gulf of Mexico, other regulatory response time requirements, on the actions of Federal employees regions may not have the same level of and EPA response equipment who enforce, or otherwise determine response times for response resources identification and location compliance with, Federal regulations to available in the event an oil spill requirements, that would keep OSROs, the Small Business and Agriculture occurred in those other regions. This and facilities with their own response Regulatory Enforcement Ombudsman may marginally increase the risk of resources, from relocating their response and the Regional Small Business delayed response times in those areas resources to the Gulf region. Some Regulatory Fairness Boards. The because there would be fewer assets facilities and vessels subject to 33 CFR Ombudsman evaluates these actions immediately available for spill response. parts 154 and 155, and some facilities annually and rates each agency’s However, we expect these risks to be subject to 40 CFR part 112, subpart D, responsiveness to small business. If you temporary and small, because the contract with OSROs for the availability wish to comment on actions by suspension of certain response time of response resources to comply with employees of the Coast Guard or EPA,

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call 1–888–REG–FAIR (1–888–734– more in any one year. Though this rule explanation of why using these 3247). Neither the Coast Guard nor EPA will not result in such an expenditure, standards would be inconsistent with will retaliate against small entities that we do discuss the effects of this rule applicable law or otherwise impractical. question or complain about this rule or elsewhere in this preamble. Voluntary consensus standards are any policy or action of the Coast Guard H. Taking of Private Property technical standards (e.g., specifications or EPA. of materials, performance, design, or This rule will not cause a taking of D. Congressional Review Act operation; test methods; sampling private property or otherwise have procedures; and related management The Congressional Review Act, 5 taking implications under Executive systems practices) that are developed or U.S.C. 801 et seq., as added by the Small Order 12630, Governmental Actions and adopted by voluntary consensus Business Regulatory Enforcement Interference with Constitutionally standards bodies. Fairness Act of 1996, generally provides Protected Property Rights. that before a rule may take effect, the This rule does not use technical agency promulgating the rule must I. Civil Justice Reform standards. Therefore, we did not submit a rule report, which includes a This rule meets applicable standards consider the use of voluntary consensus copy of the rule, to each House of the in sections 3(a) and 3(b)(2) of Executive standards. Congress and to the Comptroller General Order 12988, Civil Justice Reform, to of the United States. Section 808 allows minimize litigation, eliminate N. Environment the issuing agency to make a rule ambiguity, and reduce burden. This is an emergency rulemaking, and effective sooner than otherwise J. Protection of Children in accordance with the Council on provided by the CRA if the agency We have analyzed this rule under Environmental Quality (CEQ) makes a good cause finding that notice Regulations Implementing the and public procedure is impracticable, Executive Order 13045, Protection of Procedural Requirements of the unnecessary or contrary to the public Children From Environmental Health National Environmental Policy Act (40 interest. This determination must be Risks and Safety Risks. This rule is not CFR parts 1500–1508) and the National supported by a brief statement. 5 U.S.C. an economically significant rule and 808(2). As stated previously, Coast does not create an environmental risk to Environmental Policy Act of 1969 Guard and EPA have made such a good health or risk to safety that may (NEPA) (43 U.S.C. 4321–4370f), the cause finding, including the reasons disproportionately affect children. Coast Guard, with the assistance of EPA, is consulting with CEQ for this action. therefor, and established an effective K. Indian Tribal Governments date of June 30, 2010. Coast Guard and The Coast Guard, with the assistance of EPA will submit a report, as described This rule does not have tribal EPA, will continue to consult CEQ as in § 801(a)(1)(A), containing this rule implications under Executive Order well as the National Oceanic and and other required information to the 13175, Consultation and Coordination Atmospheric Administration and other U.S. Senate, the U.S. House of with Indian Tribal Governments, key authorities in order to determine Representatives, and the Comptroller because it does not have a substantial appropriate environmental impact General of the United States prior to direct effect on one or more Indian analysis. The Coast Guard and EPA publication of the rule in the Federal tribes, on the relationship between the especially invite public comment on Register. This action is not a ‘‘major Federal Government and Indian tribes, environmental impacts and rule’’ as defined by 5 U.S.C. 804(2). or on the distribution of power and management of relative risks of this responsibilities between the Federal regulatory action to address an E. Collection of Information Government and Indian tribes. immediate environmental need in the This rule calls for no new collection L. Energy Effects context of preparedness to meet of information under the Paperwork potential environmental needs. Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under 3520). Executive Order 13211, Actions List of Subjects Concerning Regulations That F. Federalism Significantly Affect Energy Supply, 33 CFR Part 154 A rule has implications for federalism Distribution, or Use. We have Alaska, Fire prevention, Hazardous ‘‘ under Executive Order 13132, determined that it is not a significant substances, Oil pollution, Reporting and energy action’’ under that order because Federalism, if it has a substantial direct recordkeeping requirements. effect on State or local governments and it is not likely to have a significant would either preempt State law or adverse effect on the supply, 33 CFR Part 155 impose a substantial direct cost of distribution, or use of energy. The compliance on them. We have analyzed Administrator of the Office of Alaska, Hazardous substances, Oil this rule under that Order and have Information and Regulatory Affairs has pollution, Reporting and recordkeeping determined that it does not have not designated it as a significant energy requirements. implications for federalism. action. Therefore, it does not require a 40 CFR Part 112 Statement of Energy Effects under G. Unfunded Mandates Reform Act Executive Order 13211. Environmental protection, Facility The Unfunded Mandates Reform Act M. Technical Standards response plan, Oil pollution, Oil spill of 1995 (2 U.S.C. 1531–1538) requires response, Oil spill removal organization, Federal agencies to assess the effects of The National Technology Transfer OSRO, Penalties, Reporting and their discretionary regulatory actions. In and Advancement Act (NTTAA) (15 recordkeeping requirements. particular, the Act addresses actions U.S.C. 272 note) directs agencies to use that may result in the expenditure by a voluntary consensus standards in their ■ For the reasons discussed in the State, local, or tribal government, in the regulatory activities unless the agency preamble, the Coast Guard amends 33 aggregate, or by the private sector of provides Congress, through the Office of CFR parts 154 and 155 and the EPA $100,000,000 (adjusted for inflation) or Management and Budget, with an amends 40 CFR part 112 as follows:

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TITLE 33—NAVIGATION AND of National Significance in response to TITLE 40—PROTECTION OF NAVIGABLE WATERS a request from the OSC, as described in ENVIRONMENT 40 CFR 300.5, for such assets. PART 154—FACILITIES PART 112—OIL POLLUTION TRANSFERRING OIL OR HAZARDOUS PART 155—OIL OR HAZARDOUS PREVENTION MATERIAL IN BULK MATERIAL POLLUTION PREVENTION REGULATIONS FOR VESSELS ■ 5. The authority citation for part 112 ■ 1. The authority citation for part 154 continues to read as follows: continues to read as follows: ■ 3. The authority citation for part 155 Authority: 33 U.S.C. 1251 et seq.; 33 Authority: 33 U.S.C. 1231, 1321(j)(1)(C), continues to read as follows: U.S.C. 2720; E.O. 12777 (October 18, 1991), (j)(5), (j)(6), and (m)(2); sec. 2, E.O. 12777, 56 3 CFR, 1991 Comp., p. 351. FR 54757; Department of Homeland Security Authority: 33 U.S.C. 1231, 1321(j); 46 Delegation No. 0170.1. Subpart F is also U.S.C. 3703; E.O. 12777, 56 FR 54757, 3 CFR, ■ 6. Add § 112.22 to read as follows: issued under 33 U.S.C. 2735. 1991 Comp., p. 351; Department of Homeland Security Delegation No. 0170.1. § 112.22 Temporary Suspension of ■ 2. Add § 154.T150 to read as follows: Sections 155.100 through 155.130, 150.350 Response Planning Level Requirements to through 155.400, 155.430, 155.440, 155.470, Support Deepwater Horizon Spill Response. § 154.T150 Temporary Suspension of 155.1030(j) and (k), and 155.1065(g) are also (a) Applicability. This section applies Requirements to Permit Support of issued under 33 U.S.C. 1903(b). Section Deepwater Horizon Spill Response. 155.490 also issued under section 4110(b) of to any person who owns or operates— (a) Applicability. This section applies Pub. L. 101–380. Sections 155.1110 through (1) Any facility described in § 112.20 to— 155.1150 also issued under 33 U.S.C. 2735. of this part, who has contracted with any oil spill removal organization (1) Any facility described in § 154.100 ■ 4. Add § 155.T150 to read as follows: of this part, that has contracted with any (OSRO), as defined in § 112.2 of this oil spill removal organization (OSRO), § 155.T150 Temporary Suspension of part, where the OSRO’s response as defined in § 154.1020 of this part, if Requirements to Permit Support of resources, as required under the OSRO’s response resources, as Deepwater Horizon Spill Response. 112.20(h)(3) and Appendix E, Sections 4.0 and 5.0, are deployed in support of defined in § 154.1020 of this part, are (a) Applicability. This section applies the response to the Deepwater Horizon deployed in coordination with the On- to— Spill of National Significance; and Scene Coordinator (OSC), as defined in (1) Any ship and any tank vessel 40 CFR 300.5, in support of the response (2) Any facility described in § 112.20 described in § 155.100 of this part, that of this part, who owns, operates, or has to the Deepwater Horizon Spill of has contracted with any oil spill National Significance; and under direct control, response removal organization (OSRO), as resources, as required under (2) Any facility described in § 154.100 defined in § 155.1020 of this part, if the of this part, that owns, operates, or has 112.20(h)(3) and Appendix E, Sections OSRO’s response resources, as defined 4.0 and 5.0, deployed in support of the under its direct control, response in § 154.1020 of this part, are deployed resources, as defined in § 154.1020 of response to the Deepwater Horizon Spill in coordination with the On-Scene of National Significance. this part, deployed in coordination with Coordinator (OSC), as defined in 40 CFR (b) Suspension of certain response the OSC, as described in 40 CFR 300.5, 300.5, in support of the response to the planning level requirements. From June in support of the response to the Deepwater Horizon Spill of National 30, 2010 through December 31, 2010, Deepwater Horizon Spill of National Significance; and Significance. facility response plan requirements (b) Suspension of certain response (2) Any ship and any tank vessel relating to the identification of response time requirements. From June 30, 2010 described in § 155.100 of this part, that equipment and its location and the through December 31, 2010, the owns, operates, or has under its direct stipulated response times, including the stipulated response times, including the control, response resources, as defined response times contained in any written response times contained in any written in § 155.1020 of this part, deployed in contractual agreement with any OSRO, contractual agreement with any OSRO, coordination with the OSC, as defined for the availability of response for the availability of response in 40 CFR 300.5, in support of the resources, as required under resources, as defined in § 154.1020 of response to the Deepwater Horizon Spill § 112.20(h)(3) and Appendix E, Sections this part, for a maximum most probable of National Significance. 4.0 and 5.0, for a medium discharge as discharge and a worst case discharge are (b) Suspension of certain response described in § 112.20(h)(5)(iii) of this not necessary to meet the requirements time requirements. From June 30, 2010 part, and for a worst case discharge over of this part. through December 31, 2010, the 2,100 gallons as described under (c) Other response time requirements stipulated response times, including the § 112.20(h)(5)(i), are suspended. still effective. Any response time response times contained in any written Changes to facility response plans due requirements for the availability of contractual agreement with any OSRO, to relocation of response equipment in response resources, as defined in for the availability of response support of the response to the § 154.1020 of this part, for an average resources, as defined in § 155.1020 of Deepwater Horizon Spill of National most probable discharge, as required by this part, for a maximum most probable Significance, do not require a revision this part, remain in effect. discharge and a worst case discharge are under § 112.20(d). (d) Armed Forces installation not necessary to meet the requirements (c) Other response time and response planning factors. The Coast Guard of this part. equipment identification and location authorizes the Armed Forces to revise (c) Other response time requirements requirements still effective. Response Armed Forces installation response still effective. Any response time times and response equipment times to below that which is necessary requirements for the availability of identification and location requirements to respond to an average most probable response resources, as defined in required under § 112.20(h)(3) and discharge at those installations that have § 154.1020 of this part, for an average Appendix E, Section 3.0 for a small deployed assets in support of the most probable discharge, as required by discharge, as described in response to the Deepwater Horizon Spill this part, remain in effect. 112.20(h)(5)(ii), remain in effect.

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(d) Armed Forces installation rule, call or e-mail CWO4 Stephen associated with air show events the planning factors. Armed Forces may Lyons, Waterways Management Coast Guard is establishing a temporary revise Armed Forces installation Division Chief, Coast Guard Sector safety zone on the waters of the Neuse response times and response equipment North Carolina; telephone (252) 247– River immediately below the air show. identification and location requirements 4525, e-mail below that which is necessary to [email protected]. If you Discussion of Rule respond to a small discharge, as have questions on viewing the docket, The Coast Guard is establishing a described in 112.20(h)(5)(ii), at those call Renee V. Wright, Program Manager, temporary safety zone to encompass the Docket Operations, telephone 202–366– installations that have deployed assets specified waters of the Neuse River in 9826. in support of the response to the the vicinity of New Bern, North Carolina SUPPLEMENTARY INFORMATION: Deepwater Horizon Spill of National within a 1,700-yard by 1,100-yard Significance in response to a request Regulatory Information boundary, located at the following from the On-Scene Coordinator, as coordinates: 35°06′55.5″ N., 077°02′5.9″ defined in 40 CFR 300.5, for such assets. The Coast Guard is issuing this ° ′ ″ ° ′ ″ temporary final rule without prior W., thence to 35 07 9.2 N., 077 01 32.9 Dated: June 28, 2010. ° ′ ″ notice and opportunity to comment W., thence to 35 06 38.8 N., ° ′ ″ ° ′ ″ Robert Papp, pursuant to authority under section 4(a) 077 01 16.7 W., thence to 35 06 6.1 N., ° ′ ″ ° ′ ″ Admiral, U.S. Coast Guard, Commandant. of the Administrative Procedure Act 077 01 23 W., thence to 35 06 2.9 N., Lisa P. Jackson, (APA) (5 U.S.C. 553(b)). This provision 077°01′56.6″ W., thence to 35°06′40.4″ Administrator, U.S. Environmental Protection authorizes an agency to issue a rule N., 077°01′54.7″ W., Access to this area Agency. without prior notice and opportunity to will be temporarily restricted for public [FR Doc. 2010–16005 Filed 6–29–10; 8:45 am] comment when the agency for good safety purposes. All vessels are BILLING CODE 9110–04–P; 6560–50–P cause finds that those procedures are prohibited from transiting, anchoring in, ‘‘impracticable, unnecessary, or contrary or loitering in this section of the to the public interest.’’ Under 5 U.S.C. waterway while the safety zone is in DEPARTMENT OF HOMELAND 553(b)(B), the Coast Guard finds that effect. This zone will be in effect from SECURITY good cause exists for not publishing a 6 p.m. until 9 p.m. on July 4, 2010. notice of proposed rulemaking (NPRM) Entry into the zone during the closure Coast Guard with respect to this rule because period will not be permitted except as delaying the effective date by first specifically authorized by the Captain of 33 CFR Part 165 publishing an NPRM would be contrary the Port or a designated representative. [Docket No. USCG–2010–0571] to the safety zone’s intended objective To seek permission to transit the area, since immediate action is needed to RIN 1625–AA00 mariners can contact Sector North protect person’s and vessels against the Carolina at telephone number (252) Safety Zone; New Bern Air Show, hazards associated with air shows. 247–4570. Additionally, the zone should have Neuse River, NC negligible impact on vessel transits due Regulatory Analyses AGENCY: Coast Guard, DHS. to the fact that vessels will be limited We developed this rule after ACTION: Temporary final rule. from the area for only three hours on one day while the zone is in effect and considering numerous statutes and SUMMARY: The Coast Guard is vessels can still transit in the majority executive orders related to rulemaking. establishing a temporary safety zone on of the Neuse River during the event. Below we summarize our analyses the waters of the Neuse River in the Accordingly, under 5 U.S.C. 553(b)(B), based on 13 of these statutes or vicinity of New Bern, North Carolina to the Coast Guard finds that good cause executive orders. support the New Bern Air Show. This exists for not publishing an NPRM. Regulatory Planning and Review action is intended to restrict vessel Under 5 U.S.C. 553(d)(3), the Coast traffic movement on the Neuse River to Guard finds that good cause exists for This rule is not a significant protect mariners and property from the making this rule effective less than 30 regulatory action under section 3(f) of hazards associated with air show events. days after publication in the Federal Executive Order 12866, Regulatory DATES: This rule is effective from 6 p.m. Register. Delaying the effective date Planning and Review, and does not until 9 p.m. on July 4, 2010. would be contrary to public interest, require an assessment of potential costs since immediate action is needed to and benefits under section 6(a)(3) of that ADDRESSES: Documents indicated in this ensure the safety of human life and preamble as being available in the Order. The Office of Management and property from the hazards associated Budget has not reviewed it under that docket are part of docket USCG–2010– with air show operations. 0571 and are available online by going Order. to http://www.regulations.gov, inserting Basis and Purpose Although this regulation will restrict USCG–2010–0571 in the ‘‘Keyword’’ Coast Guard Sector North Carolina access to the area, the effect of this rule box, and then clicking ‘‘Search.’’ They has been notified that on July 4, 2010, will not be significant because: (i) The are also available for inspection or New Bern, North Carolina will host an safety zone will only be in effect from copying at the Docket Management air show event on the Neuse River in the 6 p.m. until 9 p.m. July 4, 2010 (ii) the Facility (M–30), U.S. Department of vicinity of New Bern, North Carolina. In Coast Guard will give advance Transportation, West Building Ground recent years, there have been notification via maritime advisories so Floor, Room W12–140, 1200 New Jersey unfortunate instances of aircraft crashes mariners can adjust their plans Avenue, SE., Washington, DC 20590, during performances at air shows. accordingly, and (iii) although the safety between 9 a.m. and 5 p.m., Monday Typical of plane crashes, there is a wide zone will apply to the section of the through Friday, except Federal holidays. area of scattered debris that damages Neuse River, vessel traffic can use the FOR FURTHER INFORMATION CONTACT: If property and could cause significant federally marked channel to transit you have questions on this temporary injury or death. Due to the hazards safely around the safety zone.

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Small Entities Reduction Act of 1995 (44 U.S.C. 3501– Energy Effects 3520). Under the Regulatory Flexibility Act We have analyzed this rule under (5 U.S.C. 601–612), we have considered Federalism Executive Order 13211, Actions whether this rule would have a Concerning Regulations That significant economic impact on a A rule has implications for federalism Significantly Affect Energy Supply, substantial number of small entities. under Executive Order 13132, Distribution, or Use. We have The term ‘‘small entities’’ comprises Federalism, if it has a substantial direct determined that it is not a ‘‘significant small businesses, not-for-profit effect on State or local governments and energy action’’ under that order because organizations that are independently would either preempt State law or it is not a ‘‘significant regulatory action’’ owned and operated and are not impose a substantial direct cost of under Executive Order 12866 and is not dominant in their fields, and compliance on them. We have analyzed likely to have a significant adverse effect governmental jurisdictions with this rule under that Order and have on the supply, distribution, or use of populations of less than 50,000. determined that it does not have energy. The Administrator of the Office The Coast Guard certifies under 5 implications for federalism. of Information and Regulatory Affairs U.S.C. 605(b) that this rule will not have Unfunded Mandates Reform Act has not designated it as a significant a significant economic impact on a energy action. Therefore, it does not substantial number of small entities. The Unfunded Mandates Reform Act require a Statement of Energy Effects This rule will affect the following of 1995 (2 U.S.C. 1531–1538) requires under Executive Order 13211. entities, some of which may be small Federal agencies to assess the effects of entities: The owners or operators of their discretionary regulatory actions. In Technical Standards recreational and commercial fishing particular, the Act addresses actions The National Technology Transfer vessels intending to transit the specified that may result in the expenditure by a and Advancement Act (NTTAA) (15 portion of the Neuse River from 6 p.m. State, local, or tribal government, in the U.S.C. 272 note) directs agencies to use until 9 p.m. on July 4, 2010. aggregate, or by the private sector of voluntary consensus standards in their This safety zone will not have a $100,000,000 (adjusted for inflation) or regulatory activities unless the agency significant economic impact on a more in any one year. Though this rule provides Congress, through the Office of substantial number of small entities for will not result in such an expenditure, Management and Budget, with an the following reasons. This rule will we do discuss the effects of this rule explanation of why using these only be in effect from 6 p.m. until 9 p.m. elsewhere in this preamble. standards would be inconsistent with on July 4, 2010. Although the safety Taking of Private Property applicable law or otherwise impractical. zone will apply to this section of the Voluntary consensus standards are Neuse River, vessel traffic can use the This rule will not cause a taking of technical standards (e.g., specifications federally marked channel to transit private property or otherwise have of materials, performance, design, or safely around the safety zone. Before the taking implications under Executive operation; test methods; sampling effective period, the Coast Guard will Order 12630, Governmental Actions and procedures; and related management issue maritime advisories widely Interference with Constitutionally systems practices) that are developed or available to the users of the waterway. Protected Property Rights. adopted by voluntary consensus Assistance for Small Entities Civil Justice Reform standards bodies. Under section 213(a) of the Small This rule does not use technical This rule meets applicable standards Business Regulatory Enforcement standards. Therefore, we did not in sections 3(a) and 3(b)(2) of Executive Fairness Act of 1996 (Pub. L. 104–121), consider the use of voluntary consensus Order 12988, Civil Justice Reform, to we offer to assist small entities in standards. minimize litigation, eliminate understanding the rule so that they can ambiguity, and reduce burden. Environment better evaluate its effects on them and participate in the rulemaking process. Protection of Children We have analyzed this rule under Small businesses may send comments Department of Homeland Security on the actions of Federal employees We have analyzed this rule under Management Directive 023–01 and who enforce, or otherwise determine Executive Order 13045, Protection of Commandant Instruction M16475.lD, compliance with, Federal regulations to Children from Environmental Health which guide the Coast Guard in the Small Business and Agriculture Risks and Safety Risks. This rule is not complying with the National Regulatory Enforcement Ombudsman an economically significant rule and Environmental Policy Act of 1969 and the Regional Small Business does not create an environmental risk to (NEPA) (42 U.S.C. 4321–4370f), and Regulatory Fairness Boards. The health or risk to safety that may have concluded this action is one of a Ombudsman evaluates these actions disproportionately affect children. category of actions that do not annually and rates each agency’s Indian Tribal Governments individually or cumulatively have a responsiveness to small business. If you significant effect on the human wish to comment on actions by This rule does not have tribal environment. This rule is categorically employees of the Coast Guard, call 1– implications under Executive Order excluded, under figure 2–1, paragraph 888–REG–FAIR (1–888–734–3247). The 13175, Consultation and Coordination (34)(g), of the Instruction. This rule Coast Guard will not retaliate against with Indian Tribal Governments, involves establishing a temporary safety small entities that question or complain because it does not have a substantial zone to protect the public from the about this rule or any policy or action direct effect on one or more Indian hazards associated with air show events. of the Coast Guard. tribes, on the relationship between the An environmental analysis checklist Federal Government and Indian tribes, and a categorical exclusion Collection of Information or on the distribution of power and determination are available in the This rule calls for no new collection responsibilities between the Federal docket where indicated under of information under the Paperwork Government and Indian tribes. ADDRESSES.

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List of Subjects in 33 CFR Part 165 Dated: June 18, 2010. Port, Puget Sound AOR, correct Harbors, Marine safety, Navigation A. Popiel, paragraph (a) to read as follows: ‘‘(a) Safety Zone. The following area is (water), Reporting and recordkeeping Captain, U.S. Coast Guard, Captain of the a designated safety zone: all waters of requirements, Security measures, Port North Carolina. Port Gardner Bay, WA extending out to Waterways. [FR Doc. 2010–15844 Filed 6–29–10; 8:45 am] BILLING CODE 9110–04–P a 300 yard radius from the launch site ■ For the reasons discussed in the at 47°58′51″ N., 122°13′16″ W.″ is preamble, the Coast Guard amends 33 corrected to read ‘‘Safety Zone. The CFR part 165 as follows: DEPARTMENT OF HOMELAND following area is a designated safety zone: All waters of Port Gardner Bay, PART 165—REGULATED NAVIGATION SECURITY WA between two lines with the AREAS AND LIMITED ACCESS AREAS Coast Guard northern line connecting the following ■ 1. The authority citation for part 165 points 48°01′10.83″ N., 122°13′1.16″ W. continues to read as follows: 33 CFR Part 165 and 48°01′5.05″ N., 122°12′50.84″ W. and the southern line connecting the Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. [Docket No. USCG–2010–0476] following points 48°01′19.42″ N., Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; ° ′ ″ ° ′ ″ 33 CFR 1.05–1, 6.04–1, 6.04–6 and 160.5; RIN 1625–AA00 122 13 38.79 W. and 48 0 18.77 N., Pub. L. 107–295, 116 Stat. 2064; Department 122°13′19.00″ W.’’ of Homeland Security Delegation No. 0170.1 Safety Zone; July Fireworks Display in Dated: June 16, 2010. Captain of the Port, Puget Sound AOR ■ 2. Add temporary § 165.T05–0571 to S.W. Bornemann, read as follows: AGENCY: Coast Guard, DHS. Captain, U.S. Coast Guard, Captain of the Port, Puget Sound. § 165.T05–0571 Safety Zone; New Bern Air ACTION: Temporary final rule; [FR Doc. 2010–15843 Filed 6–29–10; 8:45 am] Show, Neuse River, NC. correction. BILLING CODE 9110–04–P (a) Definitions. For the purposes of SUMMARY: The Coast Guard is correcting this section, Captain of the Port means a temporary final rule that appeared in the Commander, Sector North Carolina. the Federal Register on June 15, 2010 ENVIRONMENTAL PROTECTION Representative means any Coast Guard (75 FR 33696). The temporary final rule AGENCY commissioned, warrant, or petty officer established a temporary safety zone on who has been authorized to act on the the waters of Port Gardner Bay, 40 CFR Part 9 behalf of the Captain of the Port. Washington in support of the City of [EPA–HQ–OPPT–2010–0542; FRL–8833–7] (b) Location. The following area is a Everett Fourth of July fireworks display temporary safety zone: Specified waters and this correction reflects the correct OMB Approvals Under the Paperwork of the Neuse River in the vicinity of positioning of the display. The safety Reduction Act; Technical Amendment New Bern, North Carolina, within a zone is necessary to protect the 1,700-yard by 1,100-yard boundary, maritime public from dangers associated AGENCY: Environmental Protection located at the following coordinates: with the fireworks display and will do Agency (EPA). ° ′ ″ ° ′ ″ 35 06 55.5 N./077 02 5.9 W. thence to so by restricting vessels from ACTION: Final rule. ° ′ ″ ° ′ ″ 35 07 9.2 N./077 01 32.9 W. thence to congregating in close proximity to the ° ′ ″ ° ′ ″ SUMMARY: In compliance with the 35 06 38.8 N./077 01 16.7 W. thence fireworks discharge site during the ° ′ ″ ° ′ ″ Paperwork Reduction Act (PRA), this to 35 06 6.1 N./077 01 23 W. thence to display. Entry into, transit through or ° ′ ″ ° ′ ″ technical amendment updates the table 35 06 2.9 N./077 01 56.6 W. thence to mooring within this safety zone is ° ′ ″ ° ′ ″ that lists the Office of Management and 35 06 40.4 N./077 01 54.7 W. prohibited unless authorized by the (c) Regulations. (1) The general Budget (OMB) control numbers issued Captain of the Port or Designated under PRA for information collection regulations contained in § 165.23 of this Representative. part apply to the area described in requirements contained in EPA’s paragraph (b) of this section. DATES: This rule is effective from 5 p.m. regulations that are promulgated in title (2) Persons or vessels requiring entry on July 4, 2010 until 1 a.m. on July 5, 40 of the Code of Federal Regulations into or passage through any portion of 2010. (CFR). This technical amendment adds the safety zone must first request FOR FURTHER INFORMATION CONTACT: If new approvals published in the Federal authorization from the Captain of the you have questions on this temporary Register and removes expired and Port, or a designated representative, rule, call or e-mail LTJG Ashley M. terminated approvals. unless the Captain of the Port Wanzer, Sector Seattle Waterways DATES: This rule is effective June 30, previously announced via Marine Safety Management, Coast Guard; telephone 2010. Radio Broadcast on VHF Marine Band 206–217–6175, e-mail ADDRESSES: EPA has established a Radio channel 22 (157.1 MHz) that this [email protected]. docket for this action under docket regulation will not be enforced in that SUPPLEMENTARY INFORMATION: In FR doc identification (ID) number EPA–HQ– portion of the safety zone. The Captain 2010–14294 appearing on page 33696 in OPPT–2010–0542. All documents in the of the Port can be contacted at (252) the issue of Tuesday, June 15, 2010, the docket are listed in the docket index 247–4570 or by VHF Marine Band Radio following corrections are made: available at http://www.regulations.gov. channels 13 and 16. Although listed in the index, some (d) Enforcement. The U.S. Coast PART 165—REGULATED NAVIGATION information is not publicly available, Guard may be assisted in the patrol and AREAS AND LIMITED ACCESS AREAS e.g., Confidential Business Information enforcement of the zone by Federal, (CBI) or other information whose State, and local agencies. § 165.T13–147 [Corrected] disclosure is restricted by statute. (e) Effective period. This zone will be ■ 1. On page 33698, in the first column, Certain other material, such as in effect from 6 p.m. until 9 p.m. on July in § 165.T13–147 Safety Zone; July copyrighted material, is not placed on 4, 2010. Fireworks Display in Captain of the the Internet and will be publicly

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available only in hard copy form. collection request unless it displays a 0107 (EPA ICR No. 1504), and 2070– Publicly available docket materials are currently valid OMB control number. 0164 (EPA ICR No. 1911) under a single available in the electronic docket at The OMB control numbers for EPA’s OMB control number 2070–0174 (EPA http://www.regulations.gov, or, if only regulations are codified in title 40 of the ICR No. 2288). The approval of the available in hard copy, at the OPPT CFR, after appearing in the preamble of consolidated ICR was announced in the Docket. The OPPT Docket is located in the final rule. These numbers are listed Federal Register on June 15, 2009 (74 the EPA Docket Center (EPA/DC) at Rm. in 40 CFR part 9, displayed in a FR 28237) (FRL–8918–8). 3334, EPA West Bldg., 1301 subsequent publication in the Federal EPA is removing several entries in the Constitution Ave., NW., Washington, Register, or displayed by other table in 40 CFR part 9. These entries are DC. The EPA/DC Public Reading Room appropriate means, such as on a related being removed due to erroneous entry, hours of operation are 8:30 a.m. to 4:30 collection instrument or form, or as part rule revocation, and re-designations. p.m., Monday through Friday, excluding of the instructions to respondents. The Since these provisions no longer exist or Federal holidays. The telephone number display of OMB control numbers in were erroneously entered, the of the EPA/DC Public Reading Room is certain EPA regulations is consolidated corresponding listings in the table (202) 566–1744, and the telephone in 40 CFR part 9. In addition to should be removed as well. number for the OPPT Docket is (202) displaying the applicable OMB control EPA is modifying the table through 566–0280. Docket visitors are required number in the final rule and on the technical corrections to the text as well to show photographic identification, applicable collection instruments, the as the consolidation of several listings. pass through a metal detector, and sign Office of Chemical Safety and Pollution Issues such as typographical errors, the EPA visitor log. All visitor bags are Prevention (OCSPP) has also typically section duplications, and mislabeled processed through an X-ray machine listed the OMB control number in the headings are corrected through this and subject to search. Visitors will be table at 40 CFR 9.1 for regulations it has amendment. In addition, the table provided an EPA/DC badge that must be issued under TSCA, FIFRA, and listing has been consolidated into a visible at all times in the building and FFDCA. With this technical single listing for the part when every returned upon departure. amendment, OCSPP is updating the section under a specific part shares an FOR FURTHER INFORMATION CONTACT: table in 40 CFR 9.1 to list the OMB identical OMB control number. For Melissa L. Chun, Regulatory control number assigned to several final information on the specific sections Coordination Staff (7101M), Office of rules that have published since its last affected by this amendment, please refer Chemical Safety and Pollution update. to the docket. Prevention, Environmental Protection B. Why is this Technical Amendment III. Statutory and Executive Order Agency, 1200 Pennsylvania Ave., NW., Issued as a Final Rule? Reviews Washington, DC 20460–0001; telephone The information collection activities This final rule implements technical number: (202) 564–1605; e-mail address: referenced in this document were amendments to 40 CFR part 9 to reflect [email protected]. previously subject to public notice and changes to OMB approvals under PRA. SUPPLEMENTARY INFORMATION: comment as part of the rulemaking It does not otherwise impose or amend I. Does this Action Apply to Me? process, and this action does not in any any requirements. As such, this action way affect the referenced information does not require review by OMB under This action is directed to the public Executive Order 12866, entitled in general. This action may, however, be collection activities or rulemakings. This action only amends the table at 40 Regulatory Planning and Review (58 FR of interest to those persons who are 51735, October 4, 1993), the Paperwork concerned about OMB approval for CFR 9.1 to update the list of OMB control numbers listed there. Due to the Reduction Act (44 U.S.C. 3501 et seq.), information collections required by EPA or Executive Order 13045, entitled regulations. Since other entities may technical nature of the table, EPA finds that further notice and comment about Protection of Children from also be interested, the Agency has not Environmental Health Risks and Safety attempted to describe all the specific amending the table is unnecessary. As a ‘‘ Risks (62 FR 19885, April 23, 1997). Nor entities that may be affected by this result, EPA finds that there is good ’’ does it impose any enforceable duty, action. If you have any questions cause under section 553(b)(3)(B) of the Administrative Procedure Act (APA), 5 contain any unfunded mandate, or regarding the applicability of this action impose any significant or unique impact to a particular entity, consult the person U.S.C. 553(b)(3)(B), to amend this table without further notice and comment. on small governments as described in listed under FOR FURTHER INFORMATION the Unfunded Mandates Reform Act CONTACT. C. What Specific Changes are Being (UMRA) (2 U.S.C. 1501 et seq.). II. Background Made? This action will not have substantial EPA is adding several entries to the direct effects on State or tribal A. Why is this Technical Amendment table in 40 CFR part 9 to reflect the governments, on the relationship Being Issued? promulgation of new regulatory between the Federal Government and This document updates the OMB provisions since the last update of this States or Indian tribes, or on the control numbers listed in 40 CFR part 9 table. The paperwork burden associated distribution of power and for various actions published in the with these new provisions was responsibilities between the Federal Federal Register and issued under the approved by OMB under PRA when the Government and States or Indian tribes. Toxic Substances Control Act (TSCA) rules were promulgated. As such, it will not have any ‘‘federalism (15 U.S.C. 2601), the Federal EPA is amending the OMB control implications’’ as described by Executive Insecticide, Fungicide, and Rodenticide numbers of several existing entries to Order 13132, entitled Federalism (64 FR Act (FIFRA) (7 U.S.C. 136), and the reflect changes to the OMB control 43255, August 10, 1999) or ‘‘tribal Federal Food, Drug, and Cosmetic Act numbers since the table was last implications’’ as described by Executive (FFDCA) (21 U.S.C. 408). Under PRA, 44 updated. For example, EPA Order 13175, entitled Consultation and U.S.C. 3501 et seq., an agency may not consolidated the activities that were Coordination with Indian Tribal conduct or sponsor, and a person is not approved under OMB control numbers Governments (65 FR 67249, November required to respond to an information 2070–0067 (EPA ICR No. 922), 2070– 9, 2000). Nor does it involve any

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technical standards that would require Dated: June 24, 2010. under the undesignated center heading Agency consideration of voluntary Stephen A. Owens, ‘‘Packaging Requirements for Pesticides consensus standards pursuant to section Assistant Administrator, Office of Chemical and Devices’’ and adding in their place 12(d) of the National Technology Safety and Pollution Prevention. ‘‘Part 157’’ to read as follows: ■ Transfer and Advancement Act Therefore, 40 CFR chapter I is § 9.1 OMB approvals under the Paperwork (NTTAA)(15 U.S.C. 272 note), amended as follows: Reduction Act. environmental justice-related issues that * * * * * would require consideration under PART 9—[AMENDED] Executive Order 12898, entitled Federal ■ 1. The authority citation for part 9 40 CFR citation OMB control No. Actions to Address Environmental continues to read as follows: Justice in Minority Populations and ***** Authority: 7 U.S.C. 135 et seq., 136–136y; Low-Income Populations (59 FR 7629, 15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671, February 16, 1994), or otherwise involve 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 Packaging Requirements for Pesticides anything that would have any adverse U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, and Devices effect on the supply, distribution, or use 1321, 1326, 1330, 1342, 1344, 1345(d) and of energy that would require (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR Part 157 ...... 2070–0052 consideration under Executive Order 1971–1975, Comp. p. 973; 42 U.S.C. 241, 13211, entitled Actions Concerning 242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 300g–3, 300g–4, 300g–5, 300g–6, 300j–1, ***** Regulations that Significantly Affect 300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., Energy Supply, Distribution, or Use (66 6901–6992k, 7401–7671q, 7542, 9601–9657, ■ 5. In § 9.1, the table is amended by FR 28355, May 22, 2001). 11023, 11048. removing all entries (158.32–158.2100) In addition, since this action is not ■ 2. In § 9.1, the table is amended by under the undesignated center heading subject to notice-and-comment revising the entry ‘‘Part 155’’ under the ‘‘Data Requirements for Registration’’ requirements under the APA or any undesignated center heading and adding in their place ‘‘Part 158’’ to other statute, it is not subject to the ‘‘Registration Standards and Registration read as follows: regulatory flexibility provisions of the Review’’ to read as follows: § 9.1 OMB approvals under the Paperwork Regulatory Flexibility Act (RFA) (5 Reduction Act. U.S.C. 601 et seq.). § 9.1 OMB approvals under the Paperwork Reduction Act. * * * * * IV. Congressional Review Act * * * * * 40 CFR citation OMB control No. The Congressional Review Act (CRA), 40 CFR citation OMB control No. ***** 5 U.S.C. 801 et seq., generally provides that before a rule may take effect, the ***** agency promulgating the rule must Data Requirements for Registration submit a rule report to each House of Registration Standards and Registration the Congress and to the Comptroller Part 158 ...... 2070–0040, 2070– Review 0060, 2070–0174 General of the United States. Section 808 of CRA allows the issuing agency to Part 155 ...... 2070–0174 make a rule effective sooner than ***** otherwise provided by the CRA if the ***** agency makes a good cause finding that ■ 6. In § 9.1, the table is amended by notice and public procedure is revising the entry ‘‘Part 160’’ under the ■ impracticable, unnecessary, or contrary 3. In § 9.1, the table is amended by undesignated center heading ‘‘Good removing all entries (156.10–156.212) to the public interest. This Laboratory Practice Standards’’ to read under the undesignated center heading determination must be supported by a as follows: ‘‘Labeling Requirements for Pesticides brief statement (5 U.S.C. 808(2)). As and Devices’’ and adding in their place § 9.1 OMB approvals under the Paperwork stated previously, EPA has made such a ‘‘Part 156’’ to read as follows: Reduction Act. good cause finding, including the * * * * * reasons therefore, and established an § 9.1 OMB approvals under the Paperwork effective date of June 30, 2010. EPA will Reduction Act. 40 CFR citation OMB control No. submit a report containing this rule and * * * * * other required information to the U.S. ***** Senate, the U.S. House of 40 CFR citation OMB control No. Representatives, and the Comptroller ***** Good Laboratory Practice Standards General of the United States prior to publication of this rule in the Federal Part 160 ...... 2070–0024, 2070– Register. This rule is not a ‘‘major rule’’ Labeling Requirements for Pesticides and 0032, 2070–0040, as defined by 5 U.S.C. 804(2). Devices 2070–0055, 2070– 0060, 2070–0174 List of Subjects in 40 CFR Part 9 Part 156 ...... 2070–0060 ***** Environmental protection, Reporting ***** and recordkeeping requirements. ■ 7. In § 9.1, the table is amended by ■ 4. In § 9.1, the table is amended by removing all entries (161.30–161.740) removing all entries (157.22–157.36) under the undesignated center heading

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‘‘Data Requirements for Registration of the undesignated center heading 40 CFR citation OMB control No. Antimicrobial Pesticides’’ and adding in ‘‘Experimental Use Permits’’ and adding their place ‘‘Part 161’’ to read as follows: in their place ‘‘Part 172’’ read as follows: ***** § 9.1 OMB approvals under the Paperwork § 9.1 OMB approvals under the Paperwork Reduction Act. Reduction Act. ■ 13. In § 9.1, the table is amended by * * * * * * * * * * removing all entries (704.5–704.175) under the undesignated center heading 40 CFR citation OMB control No. 40 CFR citation OMB control No. ‘‘Reporting and Recordkeeping Requirements’’ and adding in their place ***** ***** ‘‘Part 704’’ to read as follows:

§ 9.1 OMB approvals under the Paperwork Data Requirements for Registration of Experimental Use Permits Reduction Act. Antimicrobial Pesticides Part 172 ...... 2070–0040 * * * * * Part 161 ...... 2070–0040, 2070– 0060, 2070–0174 ***** 40 CFR citation OMB control No.

■ 11. In § 9.1, the table is amended by ***** ***** removing all entries (174.9–174.71) under the undesignated center heading ■ 8. In § 9.1, the table is amended by Reporting and Recordkeeping ‘‘Procedures and Requirements for Plant- Requirements removing all entries (166.20–166.50) Incorporated Protectants’’ and adding in under the undesignated center heading their place ‘‘Part 174’’ to read as follows: Part 704 ...... 2070–0067 ‘‘Exemption of Federal and State Agencies for Use of Pesticides Under § 9.1 OMB approvals under the Paperwork Emergency Conditions’’ and adding in Reduction Act. ***** their place ‘‘Part 166’’ to read as follows: * * * * *

§ 9.1 OMB approvals under the Paperwork 40 CFR citation OMB control No. ■ 14. In § 9.1, the table is amended by Reduction Act. removing all entries (707.65–707.72) * * * * * ***** under the undesignated center heading ‘‘Chemical Imports and Exports’’ and 40 CFR citation OMB control No. adding in their place ‘‘Part 707’’ to read Procedures and Requirements for Plant- as follows: ***** Incorporated Protectants § 9.1 OMB approvals under the Paperwork Part 174 ...... 2070–0142 Reduction Act. Exemption of Federal and State Agencies for Use of Pesticides Under Emergency * * * * * Conditions ***** 40 CFR citation OMB control No. Part 166 ...... 2070–0032 ■ 12. In § 9.1, the table is amended as follows: ***** ■ i. Revise the undesignated center ***** heading ‘‘Tolerances and Exemptions from Tolerances for Pesticide Chemicals Chemical Imports and Exports ■ 9. In § 9.1, the table is amended by ’’ in or on Raw Agricultural Commodities Part 707 ...... 2070–0030 removing all entries (171.7–171.11) to read ‘‘Tolerances and Exemptions for under the undesignated center heading Pesticide Chemical Residues in Food.’’ ‘‘ ’’ ■ Certification of Pesticide Applicators ii. Remove all entries (180.7–180.33) ***** and adding in their place ‘‘Part 171’’ to under the newly revised undesignated read as follows: center heading ‘‘Tolerances and Exemptions for Pesticide Chemical ■ 15. In § 9.1, the table is amended by § 9.1 OMB approvals under the Paperwork removing all entries (717.5–717.17) Reduction Act. Residues in Food’’ and add in their place ‘‘Part 180’’ to read as follows: under the undesignated center heading * * * * * ‘‘Records and Reports of Allegations § 9.1 OMB approvals under the Paperwork That Chemical Substances Cause 40 CFR citation OMB control No. Reduction Act. Significant Adverse Reactions to Health ***** * * * * * or the Environment’’ and adding in their place ‘‘Part 717’’ to read as follows: 40 CFR citation OMB control No. Certification of Pesticide Applicators § 9.1 OMB approvals under the Paperwork ***** Reduction Act. Part 171 ...... 2070–0029 * * * * * Tolerances and Exemptions for Pesticide 40 CFR citation OMB control No. ***** Chemical Residues in Food Part 180 ...... 2070–0024 ***** ■ 10. In § 9.1, the table is amended by removing all entries (172.4–172.8) under

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40 CFR citation OMB control No. 40 CFR citation OMB control No. 40 CFR citation OMB control No.

Records and Reports of Allegations That 721.10001 ...... 2070–0012 721.10077 ...... 2070–0012 Chemical Substances Cause Significant 721.10002 ...... 2070–0012 721.10078 ...... 2070–0012 Adverse Reactions to Health or the En- 721.10003 ...... 2070–0012 721.10079 ...... 2070–0012 vironment 721.10004 ...... 2070–0012 721.10080 ...... 2070–0012 721.10005 ...... 2070–0012 721.10081 ...... 2070–0012 Part 717 ...... 2070–0017 721.10006 ...... 2070–0012 721.10082 ...... 2070–0012 721.10007 ...... 2070–0012 721.10083 ...... 2070–0012 721.10008 ...... 2070–0012 721.10084 ...... 2070–0012 ***** 721.10009 ...... 2070–0012 721.10085 ...... 2070–0012 721.10010 ...... 2070–0012 721.10086 ...... 2070–0012 ■ 16. In § 9.1, the table is amended by 721.10011 ...... 2070–0012 721.10087 ...... 2070–0012 removing all entries (720.1–720.38; Part 721.10012 ...... 2070–0012 721.10089 ...... 2070–0012 720, subpart C; 720.62–720.102; and 721.10013 ...... 2070–0012 721.10090 ...... 2070–0012 721.10014 ...... 2070–0012 721.10091 ...... 2070–0012 Part 720, appendix A) under the 721.10015 ...... 2070–0012 721.10092 ...... 2070–0012 undesignated center heading 721.10016 ...... 2070–0012 721.10093 ...... 2070–0012 ‘‘Premanufacture Notification’’ and 721.10017 ...... 2070–0012 721.10094 ...... 2070–0012 adding in their place ‘‘Part 720’’ to read 721.10018 ...... 2070–0012 721.10095 ...... 2070–0012 as follows: 721.10019 ...... 2070–0012 721.10096 ...... 2070–0012 721.10020 ...... 2070–0012 721.10097 ...... 2070–0012 § 9.1 OMB approvals under the Paperwork 721.10021 ...... 2070–0012 721.10098 ...... 2070–0012 Reduction Act. 721.10022 ...... 2070–0012 721.10099 ...... 2070–0012 * * * * * 721.10023 ...... 2070–0012 721.10100 ...... 2070–0012 721.10024 ...... 2070–0012 721.10101 ...... 2070–0012 40 CFR citation OMB control No. 721.10025 ...... 2070–0012 721.10102 ...... 2070–0012 721.10026 ...... 2070–0012 721.10103 ...... 2070–0012 ***** 721.10027 ...... 2070–0012 721.10104 ...... 2070–0012 721.10028 ...... 2070–0012 721.10105 ...... 2070–0012 721.10029 ...... 2070–0012 721.10106 ...... 2070–0012 Premanufacture Notification 721.10030 ...... 2070–0012 721.10107 ...... 2070–0012 721.10031 ...... 2070–0012 721.10108 ...... 2070–0012 Part 720 ...... 2070–0012 721.10032 ...... 2070–0012 721.10109 ...... 2070–0012 721.10033 ...... 2070–0012 721.10110 ...... 2070–0012 721.10034 ...... 2070–0012 721.10111 ...... 2070–0012 ***** 721.10035 ...... 2070–0012 721.10112 ...... 2070–0012 721.10036 ...... 2070–0012 721.10113 ...... 2070–0012 ■ 17. In § 9.1, the table is amended by 721.10037 ...... 2070–0012 721.10114 ...... 2070–0012 removing entries 721.526, 721.528, 721.10038 ...... 2070–0012 721.10115 ...... 2070–0012 721.10039 ...... 2070–0012 721.10116 ...... 2070–0012 721.567, 721.637, 721.2082, 721.2225, 721.10040 ...... 2070–0012 721.10117 ...... 2070–0012 721.3254, 721.3390, 721.3850, 721.5687, 721.10041 ...... 2070–0012 721.10118 ...... 2070–0012 721.5718, 721.5730, 721.6197, 721.6600, 721.10042 ...... 2070–0012 721.10119 ...... 2070–0012 721.6625, 721.9785, and 721.9810 under 721.10043 ...... 2070–0012 721.10120 ...... 2070–0012 the undesignated center heading 721.10044 ...... 2070–0012 721.10121 ...... 2070–0012 ‘‘Significant New Uses of Chemical 721.10045 ...... 2070–0012 721.10122 ...... 2070–0012 Substances.’’ 721.10046 ...... 2070–0012 721.10123 ...... 2070–0012 ■ 721.10047 ...... 2070–0012 721.10124 ...... 2070–0012 18. In § 9.1, the table is amended by 721.10048 ...... 2070–0012 721.10125 ...... 2070–0012 adding in numerical order the entries 721.10049 ...... 2070–0012 721.10126 ...... 2070–0012 listed below under the undesignated 721.10050 ...... 2070–0012 721.10127 ...... 2070–0012 center heading ‘‘Significant New Uses of 721.10051 ...... 2070–0012 721.10128 ...... 2070–0012 Chemical Substances’’ to read as 721.10052 ...... 2070–0012 721.10129 ...... 2070–0012 follows: 721.10053 ...... 2070–0012 721.10130 ...... 2070–0012 721.10054 ...... 2070–0012 721.10131 ...... 2070–0012 § 9.1 OMB approvals under the Paperwork 721.10055 ...... 2070–0012 721.10132 ...... 2070–0012 Reduction Act. 721.10056 ...... 2070–0012 721.10133 ...... 2070–0012 * * * * * 721.10058 ...... 2070–0012 721.10134 ...... 2070–0012 721.10059 ...... 2070–0012 721.10135 ...... 2070–0012 40 CFR citation OMB control No. 721.10060 ...... 2070–0012 721.10136 ...... 2070–0012 721.10061 ...... 2070–0012 721.10137 ...... 2070–0012 ***** 721.10062 ...... 2070–0012 721.10138 ...... 2070–0012 721.10063 ...... 2070–0012 721.10139 ...... 2070–0012 721.10064 ...... 2070–0012 721.10140 ...... 2070–0012 Significant New Uses of Chemical 721.10065 ...... 2070–0012 721.10141 ...... 2070–0012 Substances 721.10066 ...... 2070–0012 721.10142 ...... 2070–0012 721.10067 ...... 2070–0012 721.10143 ...... 2070–0012 ***** ***** 721.10144 ...... 2070–0012 721.984 ...... 2070–0012 721.10070 ...... 2070–0012 721.10145 ...... 2070–0012 ***** 721.10071 ...... 2070–0012 721.10146 ...... 2070–0012 721.3020 ...... 2070–0012 721.10072 ...... 2070–0012 721.10147 ...... 2070–0012 ***** 721.10073 ...... 2070–0012 721.10148 ...... 2070–0012 721.4792 ...... 2070–0012 721.10074 ...... 2070–0012 721.10149 ...... 2070–0012 ***** 721.10075 ...... 2070–0012 721.10150 ...... 2070–0012 721.10000 ...... 2070–0012 721.10076 ...... 2070–0012 721.10151 ...... 2070–0012

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40 CFR citation OMB control No. 40 CFR citation OMB control No. ■ 26. In § 9.1, the table is amended by removing all entries (799.1053– 721.10152 ...... 2070–0012 ***** 799.5115) under the undesignated 721.10153 ...... 2070–0012 center heading ‘‘Identification of 721.10154 ...... 2070–0012 Specific Chemical Substance and Water Treatment Chemicals ***** Mixture Testing Requirements’’ and Part 749 ...... 2060–0193 adding in their place ‘‘Part 799’’ to read as follows: ***** ***** § 9.1 OMB approvals under the Paperwork Reduction Act. ■ 19. In § 9.1, the table is amended by * * * * * removing all entries (723.50–723.250) ■ 22. In § 9.1, the table is amended by removing all entries (761.20–761.398) under the undesignated center heading 40 CFR citation OMB control No. ‘‘Premanufacture Notification under the undesignated center heading Exemptions’’ and adding in their place ‘‘Polychlorinated Biphenyls (PCBs) ***** ‘‘Part 723’’ to read as follows: Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions’’ § 9.1 OMB approvals under the Paperwork and adding in their place ‘‘Part 761’’ to Identification of Specific Chemical Sub- Reduction Act. read as follows: stance and Mixture Testing Require- ments * * * * * § 9.1 OMB approvals under the Paperwork Reduction Act. Part 799 ...... 2060–0033 40 CFR citation OMB control No. * * * * * ***** ***** 40 CFR citation OMB control No.

[FR Doc. 2010–15863 Filed 6–29–10; 8:45 am] Premanufacture Notification Exemptions ***** BILLING CODE 6560–50–S Part 723 ...... 2070–0012 Polychlorinated Biphenyls (PCBs) Manu- facturing, Processing, Distribution in ENVIRONMENTAL PROTECTION Commerce, and Use Prohibitions ***** AGENCY Part 761 ...... 2060–0112 40 CFR Part 52 ■ 20. In § 9.1, the table is amended by [EPA–R09–OAR–2009–0080; FRL–9169–3] removing the entry ‘‘725.1075’’ under ***** the undesignated center heading Disapproval of California State ‘‘Reporting Requirements and Review ■ 23. In § 9.1, the table is amended by Implementation Plan Revisions, Processes for Microorganisms’’ and removing the entry ‘‘766.35(d) Form’’ Monterey Bay Unified Air Pollution adding in its place ‘‘Part 725’’ to read as under the undesignated center heading Control District follows: ‘‘Dibenzo-para-dioxin/Dibenzofurans.’’ AGENCY: Environmental Protection § 9.1 OMB approvals under the Paperwork ■ 24. In § 9.1, the table is amended by Agency (EPA). Reduction Act. amended by removing all entries ACTION: Final rule. * * * * * (790.5–790.99) under the undesignated center heading ‘‘Procedures Governing SUMMARY: EPA is finalizing disapproval 40 CFR citation OMB control No. Testing Consent Agreements and Test of a revision to the Monterey Bay Rules’’ and adding in their place ‘‘Part Unified Air Pollution Control District ***** 790’’ to read as follows: (MBUAPCD) portion of the California State Implementation Plan (SIP). This § 9.1 OMB approvals under the Paperwork Reduction Act. action was proposed in the Federal Reporting Requirements and Review Register on March 22, 2010. This Processes for Microorganisms * * * * * revision concerns opacity standards 40 CFR citation OMB control No. related to multiple pollutants, including Part 725 ...... 2060–0012 particulate matter (PM) emissions, from ***** a wide variety of sources. Under ***** authority of the Clean Air Act as amended in 1990 (CAA or the Act), this Procedures Governing Testing Consent action identifies a deficiency that ■ 21. In § 9.1, the table is amended by Agreements and Test Rules precludes approval of this SIP revision. removing all entries (Part 749, subpart D Part 790 ...... 2060–0033 DATES: Effective Date: This rule is and 749.68) under the undesignated effective on July 30, 2010. center heading ‘‘Water Treatment ADDRESSES: EPA has established docket Chemicals’’ and adding in their place ***** number EPA–R09–OAR–2009–0080 for ‘‘Part 749’’ to read as follows: this action. The index to the docket is ■ § 9.1 OMB approvals under the Paperwork 25. In § 9.1, the table is amended by available electronically at http:// Reduction Act. removing the entry ‘‘795.45’’ under the www.regulations.gov and in hard copy undesignated center heading at EPA Region IX, 75 Hawthorne Street, * * * * * ‘‘Provisional Test Guidelines.’’ San Francisco, California. While all

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documents in the docket are listed in FOR FURTHER INFORMATION CONTACT: III. EPA Action the index, some information may be Joanne Wells, EPA Region IX, (415) IV. Statutory and Executive Order Reviews publicly available only at the hard copy 947–4118, [email protected]. I. Proposed Action location (e.g., copyrighted material), and SUPPLEMENTARY INFORMATION: some may not be publicly available in Throughout this document, ‘‘we,’’ ‘‘us’’ On March 22, 2010(75 FR 13468), either location (e.g., CBI). To inspect the and ‘‘our’’ refer to EPA. EPA proposed to disapprove the hard copy materials, please schedule an Table of Contents following rule that was submitted for appointment during normal business incorporation into the California SIP. hours with the contact listed in the FOR I. Proposed Action FURTHER INFORMATION CONTACT section. II. Public Comments and EPA Responses

Local agency Rule No. Rule title Revised Submitted

MBUAPCD ...... 400 Visible Emissions...... 12/15/04 03/07/08

We proposed to disapprove this rule IV. Statutory and Executive Order EPA, 427 U.S. 246, 255–66 (1976); 42 because one rule provision does not Reviews U.S.C. 7410(a)(2). satisfy the requirements of section 110 A. Executive Order 12866, Regulatory D. Unfunded Mandates Reform Act and part D of the Act. Specifically: Planning and Review Under sections 202 of the Unfunded • New section 3.2.3 places no time The Office of Management and Budget Mandates Reform Act of 1995 limitation on opacity between 20% and (‘‘Unfunded Mandates Act’’), signed into 40% for gas turbines except as defined (OMB) has exempted this regulatory action from Executive Order 12866, law on March 22, 1995, EPA must in the District permit pursuant to new prepare a budgetary impact statement to section 2.5. This is inconsistent with entitled ‘‘Regulatory Planning and Review.’’ accompany any proposed or final rule long-standing national policy on excess that includes a Federal mandate that emissions, which explains that SIP rules B. Paperwork Reduction Act may result in estimated costs to State, must ensure that emissions during This action does not impose an local, or tribal governments in the startup conditions are minimized. We aggregate; or to the private sector, of believe this could be addressed by information collection burden under the provisions of the Paperwork Reduction $100 million or more. Under section adding rule text establishing appropriate 205, EPA must select the most cost- time limitations on gas turbine startup, Act, 44 U.S.C. 3501 et seq. Burden is defined at 5 CFR 1320.3(b). effective and least burdensome requiring sources to minimize time and alternative that achieves the objectives emissions during startup, and C. Regulatory Flexibility Act of the rule and is consistent with demonstration in the staff report that the The Regulatory Flexibility Act (RFA) statutory requirements. Section 203 rule minimizes emissions during requires EPA to establish a plan for generally requires an agency to conduct startup. informing and advising any small a regulatory flexibility analysis of any governments that may be significantly Our proposed action contains more rule subject to notice and comment information on the basis for this or uniquely impacted by the rule. rulemaking requirements unless the EPA has determined that the rulemaking and on our evaluation of the agency certifies that the rule will not submittal. disapproval action promulgated does have a significant economic impact on not include a Federal mandate that may II. Public Comments and EPA a substantial number of small entities. result in estimated costs of $100 million Responses Small entities include small businesses, or more to either State, local, or tribal small not-for-profit enterprises, and governments in the aggregate, or to the EPA’s proposed action provided a 30- small governmental jurisdictions. private sector. This Federal action day public comment period. During this This rule will not have a significant disapproves pre-existing requirements period, we received no comments. impact on a substantial number of small under State or local law, and imposes III. EPA Action entities because SIP disapprovals under no new requirements. Accordingly, no section 110 and subchapter I, part D of additional costs to State, local, or tribal No comments were submitted that the Clean Air Act do not create any new governments, or to the private sector, change our assessment of the rule as requirements but simply disapprove result from this action. described in our proposed action. requirements that the State is already Therefore, as authorized in section imposing. Therefore, because the E. Executive Order 13132, Federalism 110(k)(3) of the Act, EPA is finalizing a Federal SIP disapproval does not create Federalism (64 FR 43255, August 10, full disapproval of the submitted rule. any new requirements, I certify that this 1999) revokes and replaces Executive As a result, this action will retain the action will not have a significant Orders 12612 (Federalism) and 12875 version of Rule 400 approved in 2005 in economic impact on a substantial (Enhancing the Intergovernmental the SIP. Sanctions will not be imposed number of small entities. Partnership). Executive Order 13132 under section 179 of the Act, because Moreover, due to the nature of the requires EPA to develop an accountable revision of Rule 400 is not a required Federal-State relationship under the process to ensure ‘‘meaningful and submittal under the CAA and the Clean Air Act, preparation of flexibility timely input by State and local officials Monterey Bay area continues to meet analysis would constitute Federal in the development of regulatory the NAAQS for multiple pollutants, inquiry into the economic policies that have federalism including ozone and PM. A final reasonableness of State action. The implications.’’ ‘‘Policies that have disapproval would similarly not trigger Clean Air Act forbids EPA to base its federalism implications’’ is defined in the federal implementation plan (FIP) actions concerning SIPs on such the Executive Order to include obligation under section 110(c). grounds. Union Electric Co., v. U.S. regulations that have ‘‘substantial direct

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effects on the States, on the relationship risks, such that the analysis required addressing the types of environmental between the national government and under section 5–501 of the Executive harms and risks that are prevalent the States, or on the distribution of Order has the potential to influence the among minority, low-income and Tribal power and responsibilities among the regulation. This rule is not subject to populations. various levels of government.’’ Under Executive Order 13045, because it This action will not have Executive Order 13132, EPA may not disapproves a State rule implementing a disproportionately high and adverse issue a regulation that has federalism Federal standard. implications, that imposes substantial human health or environmental effects H. Executive Order 13211, Actions That direct compliance costs, and that is not on minority, low-income or Tribal Significantly Affect Energy Supply, required by statute, unless the Federal populations because it maintains the Distribution, or Use government provides the funds level of environmental protection for all necessary to pay the direct compliance This rule is not subject to Executive affected populations without having any costs incurred by State and local Order 13211, ‘‘Actions Concerning disproportionately high and adverse governments, or EPA consults with Regulations That Significantly Affect human health or environmental effects State and local officials early in the Energy Supply, Distribution, or Use’’ (66 on any population, including any process of developing the proposed FR 28355, May 22, 2001) because it is minority or low-income population. regulation. EPA also may not issue a not a significant regulatory action under regulation that has federalism Executive Order 12866. K. Congressional Review Act implications and that preempts State I. National Technology Transfer and The Congressional Review Act, 5 law unless the Agency consults with Advancement Act U.S.C. 801 et seq., as added by the Small State and local officials early in the Business Regulatory Enforcement process of developing the proposed Section 12 of the National Technology Fairness Act of 1996, generally provides regulation. Transfer and Advancement Act This rule will not have substantial (NTTAA) of 1995 requires Federal that before a rule may take effect, the direct effects on the States, on the agencies to evaluate existing technical agency promulgating the rule must relationship between the national standards when developing a new submit a rule report, which includes a government and the States, or on the regulation. To comply with NTTAA, copy of the rule, to each House of the distribution of power and EPA must consider and use ‘‘voluntary Congress and to the Comptroller General responsibilities among the various consensus standards’’ (VCS) if available of the United States. EPA will submit a levels of government, as specified in and applicable when developing report containing this rule and other Executive Order 13132, because it programs and policies unless doing so required information to the U.S. Senate, merely disapproves a State rule would be inconsistent with applicable the U.S. House of Representatives, and implementing a Federal standard, and law or otherwise impractical. the Comptroller General of the United does not alter the relationship or the The EPA believes that VCS are States prior to publication of the rule in distribution of power and inapplicable to this action. Today’s the Federal Register. A major rule responsibilities established in the Clean action does not require the public to cannot take effect until 60 days after it Air Act. Thus, the requirements of perform activities conducive to the use is published in the Federal Register. of VCS. section 6 of the Executive Order do not This action is not a ‘‘major rule’’ as apply to this rule. J. Executive Order 12898: Federal defined by 5 U.S.C. section 804(2). This F. Executive Order 13175, Coordination Actions To Address Environmental rule will be effective July 30, 2010. With Indian Tribal Governments Justice in Minority Populations and Low-Income Populations. L. Petitions for Judicial Review Executive Order 13175, entitled ‘‘Consultation and Coordination with Executive Order 12898, ‘‘Federal Under section 307(b)(1) of the Clean Indian Tribal Governments’’ (65 FR Actions to Address Environmental Air Act, petitions for judicial review of 67249, November 9, 2000), requires EPA Justice in Minority Populations and this action must be filed in the United to develop an accountable process to Low-Income Populations’’ (February 16, States Court of Appeals for the ensure ‘‘meaningful and timely input by 1994) establishes Federal executive appropriate circuit by August 30, 2010. tribal officials in the development of policy on environmental justice. Its Filing a petition for reconsideration by regulatory policies that have tribal main provision directs federal agencies, the Administrator of this final rule does implications.’’ This final rule does not to the greatest extent practicable and not affect the finality of this rule for the have tribal implications, as specified in permitted by law, to make purposes of judicial review nor does it Executive Order 13175. It will not have environmental justice part of their extend the time within which a petition substantial direct effects on tribal mission by identifying and addressing, for judicial review may be filed, and as appropriate, disproportionately high governments, on the relationship shall not postpone the effectiveness of and adverse human health or between the Federal government and such rule or action. This action may not environmental effects of their programs, Indian tribes, or on the distribution of be challenged later in proceedings to power and responsibilities between the policies and activities on minority populations and low-income enforce its requirements (see section Federal government and Indian tribes. 307(b)(2)). Thus, Executive Order 13175 does not populations in the United States. The apply to this rule. Executive Order has informed the List of Subjects in 40 CFR Part 52 development and implementation of G. Executive Order 13045, Protection of EPA’s environmental justice program Environmental protection, Air Children From Environmental Health and policies. Consistent with the pollution control, Incorporation by Risks and Safety Risks Executive Order and the associated reference, Intergovernmental relations, EPA interprets Executive Order 13045 Presidential Memorandum, the Nitrogen dioxide, Particulate matter, (62 FR 19885, April 23, 1997) as Agency’s environmental justice policies Reporting and recordkeeping applying only to those regulatory promote environmental protection by requirements. actions that concern health or safety focusing attention and Agency efforts on

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Dated: June 14, 2010. submitted on January 15, 2004, is exchange systems at petroleum Jared Blumenfeld, retained. refineries. These requirements were Regional Administrator, Region IX. [FR Doc. 2010–15759 Filed 6–29–10; 8:45 am] published as amendments to the ■ Part 52, Chapter I, Title 40 of the Code BILLING CODE 6560–50–P national emission standards for of Federal Regulations is amended as petroleum refineries. In this notice, we follows: are correcting typographical errors and ENVIRONMENTAL PROTECTION inadvertent errors in section references. PART 52—[AMENDED] AGENCY DATES: This correction is effective on July 30, 2010. ■ 1. The authority citation for Part 52 40 CFR Part 63 continues to read as follows: SUPPLEMENTARY INFORMATION: [EPA–HQ–OAR–2003–0146; FRL–9169–7] Authority: 42 U.S.C. 7401 et seq. I. Summary of Amendments RIN 2060–AO55 Subpart F—California On October 28, 2009, we promulgated National Emission Standards for general control requirements to control ■ 2. Section 52.242 is amended by Hazardous Air Pollutants From emissions of hazardous air pollutants adding paragraph (a)(6) to read as Petroleum Refineries from heat exchange systems at follows: AGENCY: Environmental Protection petroleum refineries. 74 FR 55670 (40 § 52.242 Disapproved rules and Agency (EPA). CFR part 63, subpart CC). In this action, we are correcting technical errors in the regulations. ACTION: Final rule; correction. (a) * * * promulgated rule. (6) Monterey Bay Unified Air SUMMARY: On October 28, 2009, we Table 1 below describes the Pollution Control District promulgated general control miscellaneous technical corrections we (i) Rule 400, Visible Emissions, requirements to control emissions of are making to 40 CFR part 63, subpart submitted on March 7, 2008. Rule 400 hazardous air pollutants from heat CC.

TABLE 1—TECHNICAL CORRECTIONS TO 40 CFR PART 63, SUBPART CC

Section Technical correction and reason

63.646(j) ...... Replace ‘‘§ 63.654(f)’’ with ‘‘§ 63.655(f)’’ to correct a section reference. 63.646(k) ...... Replace ‘‘§ 63.654(g)’’ with ‘‘§ 63.655(g)’’ to correct a section reference. 63.654(f) ...... Replace ‘‘paragraphs (f)(1) through (3) of this section’’ with ‘‘paragraphs (f)(1) and (2) of this section’’ to remove the reference to a nonexistent paragraph. 63.655(i)(1)(ii) ...... Replace ‘‘§ 63.654(e)’’ with ‘‘§ 63.655(e)’’ to correct a section reference. Table 4, first column heading ...... Replace ‘‘subpart Y’’ with ‘‘subpart R’’ to correct a section reference. Table 6, entry for 63.8(c)(4) ...... Replace ‘‘is ‘‘once every hour rather’’ than’’ with ‘‘is ‘‘once every hour’’ rather than’’ to correct a typographical error. Table 6, entry for 63.10(b)(1) ...... Replace ‘‘§ 63.644(d)’’ with ‘‘§ 63.655(i)’’ to correct a section reference.

Section 553 of the Administrative the procedures in section 307(d) of the significantly or uniquely affect small Procedure Act (APA), 5 U.S.C. CAA do not apply.) governments or impose a significant 553(b)(B), provides that, when an II. Statutory and Executive Order intergovernmental mandate, as agency, for good cause, finds that notice Reviews described in sections 203 and 204 of the and public procedure are impracticable, UMRA. unnecessary, or contrary to the public Under Executive Order 12866, This technical correction does not interest, the agency may issue a rule Regulatory Planning and Review (58 FR have substantial direct effects on the without providing notice and an 51735, October 4, 1993), this action is States, or on the relationship between not a ‘‘significant regulatory action’’ and opportunity for public comment. We the national government and the States, is, therefore, not subject to review by the have determined that there is good or on the distribution of power and Office of Management and Budget. This cause for making this technical responsibilities among the various action is not a ‘‘major rule’’ as defined correction final without prior proposal levels of government, as specified in and opportunity for comment because by 5 U.S.C. 804(2). The technical corrections do not impose an Executive Order 13132, Federalism (64 only simple typographical errors are information collection burden under the FR 43255, August 10, 1999). being corrected and these corrections do provisions of the Paperwork Reduction This action does not significantly or not substantially change the Agency Act of 1995 (44 U.S.C. 3501, et seq.). uniquely affect the communities of actions taken in the final rule. Thus, Because EPA has made a ‘‘good cause’’ tribal governments, as specified by notice and public procedure are finding that this action is not subject to Executive Order 13175, Consultation unnecessary and we find that this notice and comment requirements and Coordination with Indian Tribal constitutes good cause under 5 U.S.C. under the APA or any other statute (see Governments (65 FR 67249, November 553(b)(B). (See also the final sentence of Section I of this preamble), it is not 9, 2000). This correction also is not section 307(d)(1) of the Clean Air Act subject to the regulatory flexibility subject to Executive Order 13045, (CAA), 42 U.S.C. 307(d)(1), indicating provisions of the Regulatory Flexibility Protection of Children from that where the good cause exception is Act (5 U.S.C. 601, et seq.), or to sections Environmental Health Risks and Safety invoked pursuant to section 553(b)(B) of 202 and 205 of the Unfunded Mandates Risks (62 FR 19885, April 23, 1997) the APA, the procedures in section Reform Act of 1995 (UMRA) (Pub. L. because it is not economically 307(d) in subsection 553(b) of the APA, 104–4). In addition, this action does not significant.

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This technical correction is not the scope of the CRA does not include (k) References to the Periodic Reports subject to Executive Order 13211, technical corrections. This action is not in § 63.152(c) mean the Periodic Report Actions Concerning Regulations That a ‘‘major rule’’ as defined by 5 U.S.C. required by § 63.655(g). Significantly Affect Energy Supply, 804(2). The final rule will be effective * * * * * Distribution, or Use (66 FR 28355, May July 30, 2010. 22, 2001) because this action is not a ■ 3. Section 63.654 is amended by significant regulatory action under List of Subjects in 40 CFR Part 63 revising the first sentence of paragraph Executive Order 12866. Environmental protection, Air (f) introductory text to read as follows: This technical correction does not pollution control, Hazardous § 63.654 Heat exchange systems. involve changes to the technical substances, Reporting and standards related to test methods or recordkeeping requirements. * * * * * monitoring requirements; thus, the Dated: June 24, 2010. (f) The owner or operator may delay requirements of section 12(d) of the the repair of a leaking heat exchanger Lisa P. Jackson, National Technology Transfer and when one of the conditions in Advancement Act of 1995 (15 U.S.C. Administrator. paragraphs (f)(1) and (2) of this section 272) do not apply. ■ For the reasons set out in the is met. * * * This technical correction also does preamble, title 40, chapter I, part 63 of * * * * * not involve special consideration of the Code of Federal Regulations is environmental justice-related issues as amended as follows: ■ 4. Section 63.655 is amended by required by Executive Order 12898, revising paragraph (i)(1)(ii) to read as Federal Actions to Address PART 63—[AMENDED] follows: Environmental Justice in Minority ■ 1. The authority citation for part 63 § 63.655 Reporting and recordkeeping Populations and Low-Income continues to read as follows: requirements. Populations (59 FR 7629, February 16, 1994). Authority: 42 U.S.C. 7401, et seq. * * * * * (i) * * * The Congressional Review Act (CRA), Subpart CC—[Amended] 5 U.S.C. 801, et seq., as added by the (1) * * * Small Business Regulatory Enforcement ■ 2. Section 63.646 is amended by: (ii) All references to § 63.122 in Fairness Act of 1996, generally provides ■ a. Revising paragraph (j) and § 63.123 of subpart G of this part shall that before a rule may take effect, the ■ b. Revising paragraph (k) to read as be replaced with § 63.655(e), agency promulgating the rule must follows: * * * * * submit a rule report, which includes a copy of the rule, to each House of the § 63.646 Storage vessel provisions. Appendix to Subpart CC of Part 63— Congress and to the Comptroller General * * * * * Tables—[Amended] of the United States. The CRA does, (j) References to the Notification of however, exclude any rule that does not Compliance Status report in § 63.152(b) ■ 5. Table 4 of the appendix to subpart substantially affect the rights and mean the Notification of Compliance CC of part 63 is amended by revising the obligations of outside parties. Therefore, Status required by § 63.655(f). column headings to read as follows:

TABLE 4—GASOLINE DISTRIBUTION EMISSION POINT RECORDKEEPING AND REPORTING REQUIREMENTS a

Reference (section of subpart R) Description Comment

*******

* * * * * ■ 6. Table 6 of the appendix to subpart entries for §§ 63.8(c)(4) and 63.10(b)(1) CC of part 63 is amended by revising the to read as follows:

TABLE 6—GENERAL PROVISIONS APPLICABILITY TO SUBPART CC a

Reference Applies to subpart CC Comment

******* 63.8(c)(4) ...... Yes ...... Except subpart CC specifies the monitoring cycle frequency specified in § 63.8(c)(4)(ii) is ‘‘once every hour’’ rather than ‘‘for each successive 15-minute period.’’

******* 63.10(b)(1) ...... No ...... § 63.655(i) of subpart CC specifies record retention requirements.

*******

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* * * * * have determined that there is good 1997) because it is not economically [FR Doc. 2010–15889 Filed 6–29–10; 8:45 am] cause for making this technical significant. BILLING CODE 6560–50–P correction final without prior proposal This action is not subject to Executive and opportunity for comment because Order 13211, Actions Concerning this action only corrects a simple and Regulations That Significantly Affect ENVIRONMENTAL PROTECTION obvious instructional error that would Energy Supply, Distribution, or Use (66 AGENCY cause a change that was clearly not FR 28355, May 22, 2001) because this intended by the Agency in the final rule, action is not a significant regulatory 40 CFR Part 63 as indicated by the preamble to the final action under Executive Order 12866. rule. Thus, notice and public procedure This action does not involve changes [EPA–HQ–OAR–2008–0708, FRL–9169–6] is unnecessary. We find that this to the technical standards related to test RIN 2060–AP36 constitutes good cause under 5 U.S.C. methods or monitoring requirements; 553(b)(3)(B). (See also the final sentence thus, the requirements of section 12(d) National Emission Standards for of section 307(d)(1) of the Clean Air Act of the National Technology Transfer and Hazardous Air Pollutants for (CAA), 42 U.S.C. 307(d)(1), indicating Advancement Act of 1995 (15 U.S.C. Reciprocating Internal Combustion that the good cause provisions in 272) do not apply. Engines subsection 553(b) of the APA continue This action also does not involve to apply to this type of rulemaking special consideration of environmental AGENCY: Environmental Protection under section 307(d) of the CAA.) justice-related issues as required by Agency (EPA). Executive Order 12898, Federal Actions ACTION: Final rule; correction. II. Statutory and Executive Order to Address Environmental Justice in Reviews Minority Populations and Low-Income SUMMARY: EPA published in the Federal Under Executive Order 12866, Populations (59 FR 7629, February 16, Register on March 3, 2010, a document Regulatory Planning and Review (58 FR 1994). amending the national emission 51735, October 4, 1993), this action is The Congressional Review Act (CRA), standards for hazardous air pollutants not a ‘‘significant regulatory action’’ and 5 U.S.C. 801 et seq., as added by the for existing stationary compression is therefore not subject to review by the Small Business Regulatory Enforcement ignition reciprocating internal Office of Management and Budget. This Fairness Act of 1996 (SBREFA), combustion engines. The amendments action is not a ‘‘major rule’’ as defined generally provides that before a rule inadvertently removed paragraphs from by 5 U.S.C. 804(2). The correction does may take effect, the Agency the regulation. EPA is correcting this not impose an information collection promulgating the rule must submit a error. burden under the provisions of the rule report, which includes a copy of DATES: Effective on June 30, 2010. Paperwork Reduction Act of 1995 (44 the rule, to each House of the Congress and to the Comptroller General of the FOR FURTHER INFORMATION CONTACT: Ms. U.S.C. 3501 et seq.). Because EPA has made a ‘‘good cause’’ U.S. Section 808 allows the issuing Melanie King, Energy Strategies Group, finding that this action is not subject to Agency to make a rule effective sooner Sector Policies and Programs Division notice and comment requirements than otherwise provided by the CRA if (D243–01), Environmental Protection under the APA or any other statute (see the Agency makes a good cause finding Agency, Research Triangle Park, North Section I of this preamble), it is not that notice and public procedure is Carolina 27711; telephone number (919) subject to the regulatory flexibility impracticable, unnecessary, or contrary 541–2469; facsimile number (919) 541– provisions of the Regulatory Flexibility to the public interest. This 5450; e-mail address Act [5 U.S.C. 601 et seq.], or to sections determination must be supported by a [email protected]. 202 and 205 of the Unfunded Mandates brief statement. 5 U.S.C. 808(2). As SUPPLEMENTARY INFORMATION: Reform Act of 1995 (UMRA) [Pub. L. stated previously, we have determined I. Summary of Amendments 104–4]. In addition, this action does not that there is good cause for making this significantly or uniquely affect small correction final without prior proposal EPA published in the Federal governments or impose a significant and opportunity for comment because Register on March 3, 2010 (75 FR 9674) intergovernmental mandate, as this action only corrects a simple and a document amending the national described in sections 203 and 204 of the obvious instructional error that would emission standards for hazardous air UMRA. cause a change that was clearly not pollutants for existing stationary This action does not have substantial intended by the Agency in the final rule, compression ignition reciprocating direct effects on the States, or on the as indicated by the preamble to the final internal combustion engines. 40 CFR relationship between the national rule. Thus, notice and public procedure 63.6590 was amended by revising Government and the States, or on the is unnecessary. EPA has therefore paragraphs (b)(1) and (3). Inadvertently, distribution of power and established an effective date of June 30, paragraphs (b)(1)(i) and (ii) of section responsibilities among the various 2010. The EPA will submit a report 63.6590(b)(1) were removed. This levels of Government, as specified in containing this final action and other correction amends section 63.6590 by Executive Order 13132, Federalism (64 required information to the U.S. Senate, reinstating paragraphs 63.6590(b)(1)(i) FR 43255, August 10, 1999). the U.S. House of Representatives, and and (ii). This action does not significantly or the Comptroller General of the U.S. Section 553 of the Administrative uniquely affect the communities of prior to publication of this action in the Procedure Act (APA), 5 U.S.C. Tribal governments, as specified by Federal Register. This action is not a 553(b)(3)(B), provides that, when an Executive Order 13175, Consultation ‘‘major rule’’ as defined by 5 U.S.C. Agency for good cause finds that notice and Coordination with Indian Tribal 804(2). The final rule is effective June and public procedure are impracticable, Governments (65 FR 67249, November 30, 2010. unnecessary, or contrary to the public 9, 2000). This action also is not subject interest, the Agency may issue a rule to Executive Order 13045, Protection of List of Subjects in 40 CFR Part 63 without providing notice and an Children from Environmental Health Environmental protection, opportunity for public comment. We and Safety Risks (62 FR 19885, April 23, Administrative practice and procedure,

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Air pollution control, Hazardous 10, 2010. Because EPA received adverse a batch of renewable fuel from a given substances, Incorporation by reference, comment, we are withdrawing several renewable fuel producer or importer); Intergovernmental relations, Reporting provisions of the direct final rule. 40 CFR 80.1426 Table 2 (clarified the and recordkeeping requirements. DATES: Effective June 30, 2010, EPA extent to which renewable fuel Dated: June 24, 2010. withdraws the definitions of ‘‘actual producers must use certain advanced Lisa P. Jackson, peak capacity,’’ ‘‘baseline volume,’’ and technologies in order for them to be ‘‘permitted capacity’’ from 40 CFR considered when determining the Administrator. 80.1401, and the amendments to 40 CFR proper D code for their fuel); 40 CFR ■ For the reasons stated in the preamble, 80.1403(a), 80.1425 introductory text 80.1426(f)(12) (clarified the title 40, chapter I, part 63 of the Code and paragraph (i), 80.1426(d)(1) requirements for gas to be considered of Federal Regulations is amended as introductory text, 80.1426 Table 2, biogas for purposes of determining a follows: 80.1426(f)(3)(iv), 80.1426(f)(3)(v), renewable fuel’s D code); 40 CFR 80.1426(f)(12), 80.1452(b) introductory 80.1452(b) (clarified that RINs must be PART 63—[AMENDED] text, (b)(2), (b)(4), (b)(6), (b)(9), (b)(13), generated in EMTS within five (5) ■ 1. The authority citation for part 63 and (b)(15), and 80.1452(c) introductory business days of being assigned to a continues to read as follows: text, (c)(4), (c)(5), and (c)(7), that were batch of renewable fuel and clarified the Authority: 42 U.S.C. 7401, et seq. published at 75 FR 26026 on May 10, information required to be submitted via 2010. EMTS for each batch of renewable fuel Subpart A—[Amended] FOR FURTHER INFORMATION CONTACT: produced or imported); and, 40 CFR Megan Brachtl, Compliance and 80.1452(c) (clarified that transactions ■ 2. Section 63.6590 is amended by Innovative Strategies Division, Office of involving RINs generated on or after revising paragraph (b)(1) to read as Transportation and Air Quality (Mail July 1, 2010 must be conducted via follows: Code: 6405J), Environmental Protection EMTS within five (5) business days of a reportable event, and clarified the § 63.6590 What parts of my plant does this Agency, 1200 Pennsylvania Avenue, subpart cover? NW., Washington, DC 20460; telephone meaning of the term ‘‘reportable event’’ number: (202) 343–9473; fax number: and the information required to be * * * * * submitted via EMTS for each (b) * * * (202) 343–2802; e-mail address: transaction involving RINs generated on (1) An affected source which meets [email protected]. or after July 1, 2010). either of the criteria in paragraphs SUPPLEMENTARY INFORMATION: Because (b)(1)(i) through (ii) of this section does EPA received adverse comment, we are EPA published a parallel proposed not have to meet the requirements of withdrawing several provisions of the rule on the same day as the direct final this subpart and of subpart A of this part direct final rule to amend the rule. The proposed rule invited except for the initial notification Renewable Fuel Standard program comment on the substance of the direct requirements of § 63.6645(f). requirements, published on May 10, final rule. We will address the (i) The stationary RICE is a new or 2010. We stated in that direct final rule comments received on the portions of reconstructed emergency stationary that if we received adverse comment by the direct final rule listed above in a RICE with a site rating of more than 500 June 9, 2010, the portion of the direct subsequent final action based on the brake HP located at a major source of final rule on which adverse comment parallel proposed rule also published on HAP emissions. was received would not take effect, and May 10, 2010 (75 FR 26049). The (ii) The stationary RICE is a new or we would publish a timely withdrawal provisions for which we did not receive reconstructed limited use stationary of such portions of the direct final rule adverse comment will become effective RICE with a site rating of more than 500 in the Federal Register. on July 1, 2010, as provided in the May brake HP located at a major source of We subsequently received adverse 10, 2010, direct final rule. HAP emissions. comment on the following provisions: Dated: June 24, 2010. Certain of the amendments to 40 CFR * * * * * Lisa P. Jackson, [FR Doc. 2010–15886 Filed 6–29–10; 8:45 am] 80.1401 (moved the definitions of Administrator. BILLING CODE 6560–50–P ‘‘actual peak capacity,’’ ‘‘baseline volume,’’ and ‘‘permitted capacity’’ from PART 80—REGULATION OF FUELS 40 CFR 80.1403(a), revised the AND FUEL ADDITIVES ENVIRONMENTAL PROTECTION definition of ‘‘actual peak capacity’’ to clarify how it is calculated and revised AGENCY ■ the definition of ‘‘permitted capacity’’ to Accordingly, the definitions of ‘‘actual 40 CFR Part 80 clarify the dates before which permits peak capacity,’’ ‘‘baseline volume,’’ and ‘‘permitted capacity’’ in 40 CFR 80.1401, [EPA–HQ–OAR–2005–0161; FRL–9169–9] used to establish a facility’s permitted capacity must have been issued or and the amendments to 40 CFR RIN 2060–AQ31 revised); 40 CFR 80.1425 (clarified that 80.1403(a), 80.1425 introductory text RINs generated after July 1, 2010, may and paragraph (i), 80.1426(d)(1) Regulation of Fuels and Fuel only be generated and transferred using introductory text, 80.1426 Table 2, Additives: Modifications to Renewable the EPA-Moderated Transaction System 80.1426(f)(3)(iv), 80.1426(f)(3)(v), Fuel Standard Program (EMTS) and will not be identified by a 80.1426(f)(12), 80.1452(b) introductory text, (b)(2), (b)(4), (b)(6), (b)(9), (b)(13), AGENCY: Environmental Protection 38-digit code and that the value of and (b)(15), and 80.1452(c) introductory Agency (EPA). EEEEEEEE in a batch-RIN will be determined by the number of gallon- text, (c)(4), (c)(5), and (c)(7), that were ACTION: Partial withdrawal of direct published on May 10, 2010 (75 FR final rule. RINs generated for the batch); 40 CFR 80.1426(d)(1), 80.1426(f)(3)(iv), and 26026) are withdrawn as of June 30, SUMMARY: EPA published a direct final 80.1426(f)(3)(v) (clarified that a unique 2010. rule to amend the Renewable Fuel BBBBB code in the RIN, or its [FR Doc. 2010–15881 Filed 6–29–10; 8:45 am] Standard program requirements on May equivalent in EMTS, is used to identify BILLING CODE 6560–50–P

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ENVIRONMENTAL PROTECTION Environmental Protection Agency, 1200 mail and hand delivery of objections AGENCY Pennsylvania Ave., NW., Washington, and hearing requests are provided in 40 DC 20460–0001; telephone number: CFR 178.25(b). 40 CFR Part 180 (703) 347–8920; e-mail address: In addition to filing an objection or [EPA–HQ–OPP–2009–0179; FRL–8831–9] [email protected]. hearing request with the Hearing Clerk as described in 40 CFR part 178, please SUPPLEMENTARY INFORMATION: Pasteuria usgae; Exemption from the submit a copy of the filing that does not Requirement of a Tolerance I. General Information contain any CBI for inclusion in the public docket. Information not marked A. Does this Action Apply to Me? AGENCY: Environmental Protection confidential pursuant to 40 CFR part 2 Agency (EPA). You may be potentially affected by may be disclosed publicly by EPA ACTION: Final rule. this action if you are an agricultural without prior notice. Submit a copy of producer, food manufacturer, or your non-CBI objection or hearing SUMMARY: This regulation establishes an pesticide manufacturer. Potentially request, identified by docket ID number exemption from the requirement of a affected entities may include, but are EPA–HQ–OPP–2009–0179, by one of tolerance for residues of the microbial not limited to: the following methods: pesticide, Pasteuria usgae, in or on all • Crop production (NAICS code 111). • Federal eRulemaking Portal: http:// food commodities when applied • Animal production (NAICS code www.regulations.gov. Follow the on-line preharvest and used as a nematicide in 112). instructions for submitting comments. accordance with good agricultural • Food manufacturing (NAICS code • Mail: OPP Regulatory Public Docket practices. MacIntosh and Associates 311). (7502P), Environmental Protection Incorporated (on behalf of Pasteuria • Pesticide manufacturing (NAICS Agency, 1200 Pennsylvania Ave., NW., Bioscience Incorporated) submitted a code 32532). Washington, DC 20460–0001. petition to EPA under the Federal Food, This listing is not intended to be • Delivery: OPP Regulatory Public Drug, and Cosmetic Act (FFDCA), exhaustive, but rather provides a guide Docket (7502P), Environmental requesting an exemption from the for readers regarding entities likely to be Protection Agency, Rm. S–4400, One requirement of a tolerance. This affected by this action. Other types of Potomac Yard (South Bldg.), 2777 S. regulation eliminates the need to entities not listed in this unit could also Crystal Dr., Arlington, VA. Deliveries establish a maximum permissible level be affected. The North American are only accepted during the Docket for residues of Pasteuria usgae. Industrial Classification System Facility’s normal hours of operation DATES: This regulation is effective June (NAICS) codes have been provided to (8:30 a.m. to 4 p.m., Monday through 30, 2010. Objections and requests for assist you and others in determining Friday, excluding legal holidays). hearings must be received on or before whether this action might apply to Special arrangements should be made August 30, 2010, and must be filed in certain entities. If you have any for deliveries of boxed information. The accordance with the instructions questions regarding the applicability of Docket Facility telephone number is provided in 40 CFR part 178 (see also this action to a particular entity, consult (703) 305–5805. the person listed under FOR FURTHER Unit I.C. of the SUPPLEMENTARY II. Background and Statutory Findings INFORMATION). INFORMATION CONTACT. In the Federal Register of April 8, ADDRESSES: EPA has established a B. How Can I Get Electronic Access to 2009 (74 FR 15969) (FRL–8407–6), EPA docket for this action under docket Other Related Information? issued a notice pursuant to section identification (ID) number EPA–HQ– You may access a frequently updated 408(d)(3) of FFDCA, 21 U.S.C. OPP–2009–0179. All documents in the electronic version of 40 CFR part 180 346a(d)(3), announcing the filing of a docket are listed in the docket index through the Government Printing pesticide tolerance petition (PP 9F7539) available at http://www.regulations.gov. Office’s e-CFR site at http:// by MacIntosh and Associates Although listed in the index, some www.gpoaccess.gov/ecfr. To access the Incorporated, 1203 Hartford Avenue, information is not publicly available, harmonized test guidelines referenced Saint Paul, MN 55116–1622 (on behalf e.g., Confidential Business Information in this document electronically, please of Pasteuria Bioscience Incorporated, (CBI) or other information whose go to http://www.epa.gov/oppts and 12085 Research Drive, Suite 185, disclosure is restricted by statute. select ‘‘Test Methods and Guidelines.’’ Alachua, FL 32615). The petition Certain other material, such as requested that 40 CFR part 180 be copyrighted material, is not placed on C. How Can I File an Objection or amended by establishing an exemption the Internet and will be publicly Hearing Request? from the requirement of a tolerance for available only in hard copy form. Under FFDCA section 408(g), 21 residues of Pasteuria usgae. This notice Publicly available docket materials are U.S.C. 346a(g), any person may file an referenced a summary of the petition available in the electronic docket at objection to any aspect of this regulation prepared by the petitioner, MacIntosh http://www.regulations.gov, or, if only and may also request a hearing on those and Associates Incorporated (on behalf available in hard copy, at the Office of objections. You must file your objection of Pasteuria Bioscience Incorporated), Pesticide Programs (OPP) Regulatory or request a hearing on this regulation which is available in the docket, http:// Public Docket in Rm. S–4400, One in accordance with the instructions www.regulations.gov. There were no Potomac Yard (South Bldg.), 2777 S. provided in 40 CFR part 178. To ensure substantive comments received in Crystal Dr., Arlington, VA. The Docket proper receipt by EPA, you must response to the notice of filing. Facility is open from 8:30 a.m. to 4 p.m., identify docket ID number EPA–HQ– Section 408(c)(2)(A)(i) of FFDCA Monday through Friday, excluding legal OPP–2009–0179 in the subject line on allows EPA to establish an exemption holidays. The Docket Facility telephone the first page of your submission. All from the requirement for a tolerance (the number is (703) 305–5805. objections and requests for a hearing legal limit for a pesticide chemical FOR FURTHER INFORMATION CONTACT: must be in writing, and must be residue in or on a food) only if EPA Jeannine Kausch, Biopesticides and received by the Hearing Clerk on or determines that the exemption is ‘‘safe.’’ Pollution Prevention Division (7511P), before August 30, 2010. Addresses for Section 408(c)(2)(A)(ii) of FFDCA

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defines ‘‘safe’’ to mean that ‘‘there is a sufficient evidence from morphology, the study. No abnormalities were reasonable certainty that no harm will host specificity, and genomics to justify observed in any animal at necropsy or result from aggregate exposure to the Pasteuria usgae as a distinct strain. In in harvested organs. No significant pesticide chemical residue, including developing products for crop variations in organ weight were found all anticipated dietary exposures and all applications, such as uses on between different groups or sexes. The other exposures for which there is strawberries and a wide variety of acute intravenous median lethal dose reliable information.’’ This includes vegetables, the difficulty of growing (LD50) of Pasteuria usgae was greater exposure through drinking water and in Pasteuria outside of a nematode host than 1 x 108 spores/animal in male and residential settings, but does not include has always been an obstacle. This host female rats. Pasteuria usgae does not occupational exposure. Pursuant to specificity is at the core of EPA’s appear to be toxic and/or pathogenic in section 408(c)(2)(B) of FFDCA, in conclusions that Pasteuria usgae may be rats when dosed at 108 spores/animal. establishing or maintaining in effect an granted a permanent exemption from MRID No. 474267–09 reported that exemption from the requirement of a the requirement of a tolerance for all microbial enumeration was not done tolerance, EPA must take into account food commodities. Additional because the test material would not the factors set forth in section information regarding Pasteuria usgae grow on agar media. Since microbial 408(b)(2)(C) of FFDCA, which require can be found in the Biopesticides enumeration was not performed, the EPA to give special consideration to Registration Action Document (BRAD) infectivity was uncertain. However, exposure of infants and children to the on the Biopesticides and Pollution because the spores are highly specific to pesticide chemical residue in Prevention Division (BPPD) website: sting nematode, infectivity is unlikely to establishing a tolerance and to ‘‘ensure http://www.epa.gov/pesticides/ be a concern. Pasteuria usgae was not that there is a reasonable certainty that biopesticides. pathogenic as tested in this study. This no harm will result to infants and Studies submitted to the Agency were study was rated as ‘‘Acceptable.’’ children from aggregate exposure to the issued Master Record Identification c. Acute Dermal Toxicity - Rat: pesticide chemical residue. . . .’’ (MRID) Numbers and reviewed by BPPD Harmonized Test Guideline 885.3100; Additionally, section 408(b)(2)(D) of scientists. The following summaries of MRID No. 474267–12. Based on the FFDCA requires that the Agency the toxicological profile of Pasteuria results of this study, Pasteuria usgae consider ‘‘available information usgae are based on an Agency risk does not appear to be toxic in rats when concerning the cumulative effects of [a assessment memorandum and related treated with 2,000 milligrams/kilogram particular pesticide’s] residues and data evaluation records dated April 9, (mg/kg) at 108 spores/milliliter (mL). other substances that have a common 2009. Thus, the acute dermal LD50 was greater mechanism of toxicity.’’ a. Acute Oral Toxicity and than 2,000 mg/kg for 108 spores/mL in EPA performs a number of analyses to Pathogenicity - Rat: Harmonized Test male and female rats. There were no determine the risks from aggregate Guideline 885.3050; MRID No. 474267– treatment-related significant adverse exposure to pesticide residues. First, 09. Pasteuria usgae does not appear to effects seen in the dosed rats. Two EPA determines the toxicity of be toxic and/or pathogenic in rats when males and one female had very slight pesticides. Second, EPA examines dosed at 1 x 108 spores/animal. There erythema on day 1 with clearance by exposure to the pesticide through food, were no treatment-related clinical signs day 4. One male lost weight slightly drinking water, and through other or necropsy findings in rats receiving a during the second week and one male exposures that occur as a result of single oral dose of 1 x 108 Pasteuria and two females lost weight during the pesticide use in residential settings. usgae spores. Three males in the first week, but all gained weight by the microbial pest control agent (MPCA) - end of the study. All other animals III. Toxicological Profile treated group gained weight through day gained weight throughout the study. Consistent with section 408(b)(2)(D) 14 but lost weight by day 21. All other This study was rated ‘‘Acceptable,’’ and of FFDCA, EPA has reviewed the animals gained weight prior to Pasteuria usgae was classified as available scientific data and other scheduled sacrifice. Microbial Toxicity Category IV. relevant information in support of this enumeration was not performed because d. Acute Pulmonary Toxicity and action and considered its validity, the testing laboratory showed that the Pathogenicity - Rat: Harmonized Test completeness, and reliability and the test material would not grow on agar Guideline 885.3150; MRID No. 474267– relationship of this information to media. Therefore, while no significant 10. In an acute pulmonary toxicity and human risk. EPA has also considered adverse effects were seen, the typical pathogenicity assessment, there were no available information concerning the clearance of the microbe could not be test substance-related significant variability of the sensitivities of major confirmed. However, because the spores adverse effects seen in rats receiving a identifiable subgroups of consumers, are highly specific to sting nematode, single dose of approximately 1–3 x 108 including infants and children. infectivity is unlikely to be a concern. spores of Pasteuria usgae. One dosed Pasteuria, a genus of bacteria, This study was rated ‘‘Acceptable,’’ and female exhibited pale lungs. includes a number of species that have Pasteuria usgae was classified as Additionally, one untreated control shown potential in controlling plant- Toxicity Category IV. female lost weight by day 21, and parasitic nematodes. These bacteria are b. Acute Injection Toxicity and another untreated control female lost obligate endoparasites, organisms that Pathogenicity - Rat: Harmonized Test weight by day 14 but gained weight by grow internally in a limited range of Guideline 885.3200; MRID No. 474267– day 21. One MPCA-treated male did not hosts. Pasteuria usgae, a recently 11. There were no treatment-related gain weight by day 7 but gained weight discovered strain isolated from soil significant adverse effects seen in the thereafter. All other animals gained samples collected in Florida, is host- rats receiving a single intravenous dose weight throughout the study. Based on specific for the sting nematode of 108 Pasteuria usgae spores. One these results, Pasteuria usgae does not [Belonolaimus longicaudatus]. This treated female lost weight by day 7 but appear to be toxic and/or pathogenic in strain of Pasteuria is pending gained weight prior to sacrifice on day rats when dosed at approximately 1–3 x recognition by the Judicial Commission 14. All other animals gained weight 108 spores/animal. Microbial of the International Committee for throughout the study. All animals enumeration was not performed because Systematic Bacteriology. There is survived and appeared normal during the testing laboratory showed that the

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test material would not grow on agar 1. Food. Dietary exposure to the currently approved or proposed uses for media. Therefore, while no significant naturally occurring soil bacterium, residential areas. adverse effects were seen, the typical Pasteuria usgae, although a possibility, The only other non-occupational clearance of the microbe could not be is anticipated to be negligible. For exposure is that which would normally confirmed. However, because the spores optimal control of sting nematode, be encountered as part of the natural are highly specific to sting nematode, Pasteuria usgae is applied in a manner environment (i.e., not as a result of infectivity is unlikely to be a concern. that facilitates movement of spores into pesticide use). As expected since This study was rated ‘‘Acceptable,’’ and the root zone of the affected crop. This Pasteuria usgae is an obligate Pasteuria usgae was classified as requires that end users take two endoparasite of the sting nematode, Toxicity Category IV. particular actions that would inevitably there have been no reports of adverse e. Hypersensitivity Incidents: minimize the amount of Pasteuria usgae effects from human exposure to this Harmonized Test Guideline 885.3400; residues on aboveground food bacterium that naturally occurs in sandy MRID No. 474350–02. No commodities–soil-directed applications soils, particularly those of the hypersensitivity incidents—involving and irrigation with a specified amount southeastern and midwestern United Pasteuria usgae and occurring during of water following any such States. fermentation, processing, formulation, applications. For food commodities that V. Cumulative Effects from Substances or research—have been reported to the develop underground, exposure to with a Common Mechanism of Toxicity Agency. Any future hypersensitivity Pasteuria usgae residues is a more likely scenario, although standard post-harvest Section 408(b)(2)(D)(v) of FFDCA incidents must be reported per requires that, when considering whether Harmonized Test Guideline 885.3400. practices of washing, cooking, or processing would reduce such residues. to establish, modify, or revoke a IV. Aggregate Exposures In general, any actual dietary exposure tolerance, the Agency consider is expected to be several orders of ‘‘available information concerning the In examining aggregate exposure, cumulative effects of [a particular section 408 of FFDCA directs EPA to magnitude lower than the dose used in the acute oral toxicity/pathogenicity test pesticide’s] residues and other consider available information substances that have a common concerning exposures from the pesticide referenced in Unit III., during which no toxic or pathogenic effects were mechanism of toxicity.’’ residue in food and all other non- EPA has not found Pasteuria usgae to occupational exposures, including observed in rats. Moreover, Pasteuria usgae is an obligate endoparasitic share a common mechanism of toxicity drinking water from ground water or bacterium specific to the sting with any other substances, and surface water and exposure through nematode. The Agency concludes that Pasteuria usgae does not appear to pesticide use in gardens, lawns, or there is a reasonable certainty that no produce a toxic metabolite as its mode buildings (residential and other indoor harm will result from the aggregate of action against the target pest. For the uses). exposure to the residues of Pasteuria purposes of this tolerance action, A. Dietary Exposure usgae in food. therefore, EPA has assumed that 2. Drinking water exposure. Exposure Pasteuria usgae does not have a Dietary exposure to Pasteuria usgae of humans to residues of Pasteuria common mechanism of toxicity with may occur, mainly through food. usgae in consumed drinking water is other substances. For information However, the lack of acute oral toxicity/ unlikely. The currently approved and regarding EPA’s efforts to determine pathogenicity, based on the toxicology proposed use patterns, use sites, and which chemicals have a common test on rats presented in Unit III., along application methods for Pasteuria usgae mechanism of toxicity and to evaluate with the inability of the bacterium to do not include direct application to the cumulative effects of such grow outside of a specific nematode aquatic environments. Furthermore, chemicals, see EPA’s website at http:// host, support the establishment of a given that Pasteuria usgae spores attach www.epa.gov/pesticides/cumulative. permanent exemption from the specifically to the sting nematode, requirement of a tolerance for Pasteuria VI. Determination of Safety for U.S. which is a plant-parasitic nematode that Population, Infants, and Children usgae. There is presently a temporary thrives only in sandy soil environments exemption from the requirement of a and is dependent upon plant roots to FFDCA section 408(b)(2)(C) provides tolerance established for residues of sustain life, future proposals to add that EPA shall assess the available Pasteuria usgae under 40 CFR 180.1290, aquatic use sites to pesticide products information about consumption patterns which will expire and be revoked on containing this bacterium are not among infants and children, special December 31, 2010. Pasteuria usgae is expected. Even if oral exposure should susceptibility of infants and children to exempt from the requirement of a occur through consumed drinking pesticide chemical residues, and the tolerance when applied/used as a water, the Agency concludes that there cumulative effects on infants and nematicide on strawberries in is a reasonable certainty that no harm children of the residues and other accordance with the terms of will result from the exposure to the substances with a common mechanism Experimental Use Permit 85004-EUP-1 residues of Pasteuria usgae in all the of toxicity. In addition, FFDCA section August 5, 2009, (74 FR 38970) (FRL– anticipated drinking water exposures 408(b)(2)(C) provides that EPA shall 8429–1). Additionally, under 40 CFR because of the lack of acute oral apply an additional tenfold margin of 180.1135, a similar active ingredient, toxicity/pathogenicity to mammals and safety for infants and children in the Pasteuria penetrans, was assessed the host-specific nature of the case of threshold effects to account for previously and granted a permanent bacterium, as stated previously. prenatal and postnatal toxicity and the exemption from the requirement of a completeness of the database unless tolerance in or on all raw agricultural B. Other Non-Occupational Exposure EPA determines that a different margin commodities, except roots and tubers, Non-occupational exposure is of safety will be safe for infants and when used as a nematicide in the considered unlikely for Pasteuria usgae children. Margins of exposure (MOE) production of fruits and vegetables in as all currently approved or proposed (safety), which are often referred to as greenhouses December 28, 1994, (59 FR uses occur in distinctly agricultural or uncertainty factors (UFs), are 66740) (FRL-4924–4). commercial settings, and there are no incorporated into EPA risk assessments

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either directly or through the use of a IX. Statutory and Executive Order as described under Title II of the MOE analysis, or by using UF (safety) in Reviews Unfunded Mandates Reform Act of 1995 calculating a dose level that poses no This final rule establishes a tolerance (UMRA) (Public Law 104–4). appreciable risk. exemption under section 408(d) of This action does not involve any Based on the acute toxicity and FFDCA in response to a petition technical standards that would require pathogenicity data discussed in Unit III., submitted to the Agency. The Office of Agency consideration of voluntary EPA concludes that there is a reasonable Management and Budget (OMB) has consensus standards pursuant to section certainty that no harm will result to the exempted these types of actions from 12(d) of the National Technology United States population, including review under Executive Order 12866, Transfer and Advancement Act of 1995 infants and children, from aggregate entitled Regulatory Planning and (NTTAA), Public Law 104–113, section exposure to the residues of Pasteuria Review (58 FR 51735, October 4, 1993). 12(d) (15 U.S.C. 272 note). usgae. This includes all anticipated Because this final rule has been dietary exposures and all other exempted from review under Executive X. Congressional Review Act exposures for which there is reliable Order 12866, this final rule is not subject to Executive Order 13211, The Congressional Review Act, 5 information. The Agency has arrived at U.S.C. 801 et seq., generally provides this conclusion because the data entitled Actions Concerning Regulations That Significantly Affect Energy Supply, that before a rule may take effect, the available on Pasteuria usgae do not agency promulgating the rule must demonstrate toxic, pathogenic, or Distribution, or Use (66 FR 28355, May submit a rule report to each House of infective potential to mammals. Thus, 22, 2001), or Executive Order 13045, the Congress and to the Comptroller there are no threshold effects of concern entitled Protection of Children from General of the United States. EPA will and, as a result, the provision requiring Environmental Health Risks and Safety submit a report containing this rule and an additional margin of safety does not Risks (62 FR 19885, April 23, 1997). This final rule does not contain any other required information to the U.S. apply. information collections subject to OMB Senate, the U.S. House of VII. Other Considerations approval under the Paperwork Representatives, and the Comptroller Reduction Act (PRA), 44 U.S.C. 3501 et General of the United States prior to A. Analytical Enforcement Methodology seq., nor does it require any special publication of this final rule in the An analytical method is not required considerations under Executive Order Federal Register. This final rule is not for enforcement purposes since the 12898, entitled Federal Actions to a ‘‘major rule’’ as defined by 5 U.S.C. Agency is establishing an exemption Address Environmental Justice in 804(2). Minority Populations and Low-Income from the requirement of a tolerance List of Subjects in 40 CFR Part 180 without any numerical limitation. Populations (59 FR 7629, February 16, 1994). B. International Residue Limits Since tolerances and exemptions that Environmental protection, are established on the basis of a petition Administrative practice and procedure, In making its tolerance decisions, EPA under section 408(d) of FFDCA, such as Agricultural commodities, Pesticides seeks to harmonize U.S. tolerances with the tolerance exemption in this final and pests, Reporting and recordkeeping international standards whenever rule, do not require the issuance of a requirements. possible, consistent with U.S. food proposed rule, the requirements of the Dated: June 11, 2010. safety standards and agricultural Regulatory Flexibility Act (RFA) (5 Steven Bradbury, practices. EPA considers the U.S.C. 601 et seq.) do not apply. international maximum residue limits This final rule directly regulates Director, Office of Pesticide Programs. (MRLs) established by the Codex growers, food processors, food handlers, ■ Therefore, 40 CFR chapter I is Alimentarius Commission (Codex), as and food retailers, not States or tribes, amended as follows: required by FFDCA section 408(b)(4). nor does this action alter the The Codex Alimentarius is a joint U.N. relationships or distribution of power PART 180—[AMENDED] Food and Agriculture Organization/ and responsibilities established by World Health Organization food Congress in the preemption provisions ■ 1. The authority citation for part 180 standards program, and it is recognized of section 408(n)(4) of FFDCA. As such, continues to read as follows: the Agency has determined that this as an international food safety Authority: 21 U.S.C. 321(q), 346a and 371. standards-setting organization in trade action will not have a substantial direct agreements to which the United States effect on States or tribal governments, ■ 2. In subpart D, revise §180.1290 to is a party. EPA may establish a tolerance on the relationship between the national read as follows: that is different from a Codex MRL; government and the States or tribal governments, or on the distribution of § 180.1290 Pasteuria usgae; exemption however, FFDCA section 408(b)(4) from the requirement of a tolerance. requires that EPA explain the reasons power and responsibilities among the for departing from the Codex level. various levels of government or between An exemption from the requirement the Federal Government and Indian of a tolerance is established for residues The Codex has not established a MRL tribes. Thus, the Agency has determined for Pasteuria usgae. of Pasteuria usgae in or on all food that Executive Order 13132, entitled commodities when applied preharvest VIII. Conclusions Federalism (64 FR 43255, August 10, and used as a nematicide in accordance 1999), and Executive Order 13175, with good agricultural practices. Therefore, an exemption is entitled Consultation and Coordination [FR Doc. 2010–15465 Filed 6–29–10; 8:45 am] established for residues of Pasteuria with Indian Tribal Governments (65 FR BILLING CODE 6560–50–S usgae in or on all food commodities 67249, November 9, 2000), do not apply when applied preharvest and used as a to this final rule. In addition, this final nematicide in accordance with good rule does not impose any enforceable agricultural practices. duty or contain any unfunded mandate

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ENVIRONMENTAL PROTECTION questions regarding the applicability of Office of Management and Budget AGENCY this action to a particular entity, consult (OMB) has exempted these types of the person listed under FOR FURTHER actions from review under Executive 40 CFR Part 180 INFORMATION CONTACT. Order 12866, entitled Regulatory Planning and Review (58 FR 51735, [EPA–HQ–OPP–2010–0465; FRL–8831–6] II. What Does this Technical Correction October 4, 1993). Because this final rule Do? 1-Naphthaleneacetic Acid; Time- has been exempted from review under Limited Tolerance, Technical EPA published a final rule in the Executive Order 12866, this final rule is Correction Federal Register of August 12, 2009 (74 not subject to Executive Order 13211, FR 40513) (FRL–8428–3) establishing a entitled Actions Concerning Regulations AGENCY: Environmental Protection time-limited tolerance for residues of 1- That Significantly Affect Energy Supply, Agency (EPA). naphthaleneacetic acid ethyl ester in or Distribution, or Use (66 FR 28355, May ACTION: Final rule; technical correction. on avocados. That time-limited 22, 2001) or Executive Order 13045, tolerance was inadvertently removed by entitled Protection of Children from SUMMARY: EPA issued a final rule in the a final rule published in the Federal Environmental Health Risks and Safety Federal Register of September 11, 2009, Register of September 11, 2009 (74 FR Risks (62 FR 19885, April 23, 1997). (74 FR 46689) (FRL–8426–2) concerning 46689) (FRL–8426–2). Today’s rule This final rule does not contain any azinphos-methyl, disulfoton, restores the time-limited tolerance for 1- information collections subject to OMB esfenvalerate, ethylene oxide, naphthaleneacetic acid in or on approval under the Paperwork fenvalerate, et al.; tolerance actions. avocados inadvertently deleted by the Reduction Act (PRA), 44 U.S.C. 3501 et Today’s rule restores the time-limited September 11, 2009 final rule. seq., nor does it require any special tolerance for 1-naphthaleneacetic acid considerations under Executive Order in or on avocados which was III. Why is this Correction Issued as a Final Rule? 12898, entitled Federal Actions to inadvertently deleted by the September Address Environmental Justice in 11, 2009 final rule. Section 408(l)(6) of FFDCA requires Minority Populations and Low-Income DATES: This final rule is effective June EPA to establish a time-limited Populations (59 FR 7629, February 16, 30, 2010. tolerance or exemption from the 1994). ADDRESSES: EPA has established a requirement for a tolerance for pesticide Since tolerances and exemptions that docket for this action under docket chemical residues in food that will are established in accordance with identification (ID) number EPA–HQ– result from the use of a pesticide under sections 408(e) and 408(l)(6) of FFDCA, OPP–2010–0465. All documents in the an emergency exemption granted by such as the tolerance in this final rule, docket are listed in the docket index EPA under section 18 of FIFRA. Section do not require the issuance of a available in http://www.regulations.gov. 408(l)(6) authorizes EPA to establish proposed rule, the requirements of the Although listed in the index, some such tolerances without providing Regulatory Flexibility Act (RFA) (5 information is not publicly available, notice or period for public comment. U.S.C. 601 et seq.) do not apply. e.g., Confidential Business Information Section 408(e) of FFDCA allows EPA to This final rule directly regulates (CBI) or other information whose establish a tolerance or an exemption growers, food processors, food handlers, disclosure is restricted by statute. from the requirement of a tolerance on and food retailers, not States or tribes, Certain other material, such as its own initiative, i.e., without having nor does this action alter the copyrighted material, is not placed on received any petition from an outside relationships or distribution of power the Internet and will be publicly party. and responsibilities established by available only in hard copy form. In addition, section 553 of the Congress in the preemption provisions Publicly available docket materials are Administrative Procedure Act (APA), 5 of section 408(n)(4) of FFDCA. As such, available in the electronic docket at U.S.C. 553(b)(3)(B), provides that, when the Agency has determined that this http://www.regulations.gov, or, if only an Agency for good cause finds that action will not have a substantial direct available in hard copy, at the OPP notice and public procedure are effect on States or tribal governments, Regulatory Public Docket in Rm. S– impracticable, unnecessary or contrary on the relationship between the national 4400, One Potomac Yard (South Bldg.), to the public interest, the Agency may government and the States or tribal 2777 S. Crystal Dr., Arlington, VA. The issue a final rule without providing governments, or on the distribution of power and responsibilities among the Docket Facility is open from 8:30 a.m. notice and an opportunity for public various levels of government or between to 4 p.m., Monday through Friday, comment. EPA has determined that the Federal Government and Indian excluding legal holidays. The Docket there is good cause for making this tribes. Thus, the Agency has determined Facility telephone number is (703) 305– technical correction final without prior that Executive Order 13132, entitled 5805. proposal and opportunity for comment, because the final rule amendment to Federalism (64 FR 43255, August 10, FOR FURTHER INFORMATION CONTACT: §180.155 previously published August 1999) and Executive Order 13175, Libby Pemberton, Registration Division 12, 2009 (74 FR 40513) (FRL–8428–3) entitled Consultation and Coordination (7505P), Office of Pesticide Programs, was inadvertently deleted September with Indian Tribal Governments (65 FR Environmental Protection Agency, 1200 11, 2009 (74 FR 46689) (FRL–8426–2). 67249, November 9, 2000) do not apply Pennsylvania Ave., NW., Washington EPA finds that this constitutes good to this final rule. In addition, this final DC 20460–0001; telephone number: cause under 5 U.S.C. 553(b)(3)(B). rule does not impose any enforceable (703) 308–9364; e-mail address: duty or contain any unfunded mandate [email protected]. IV. Do Any of the Statutory and as described under Title II of the Executive Order Reviews Apply to this SUPPLEMENTARY INFORMATION: Unfunded Mandates Reform Act of 1995 Action? (UMRA) (Public Law 104–4). I. Does this Action Apply to Me? This document corrects a final rule This action does not involve any The Agency included in the final rule that established a tolerance under technical standards that would require a list of those who may be potentially section 408(d) of FFDCA in response to Agency consideration of voluntary affected by this action. If you have a petition submitted to the Agency. The consensus standards pursuant to section

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12(d) of the National Technology * * * * * of the domestic annual harvest (DAH), Transfer and Advancement Act of 1995 [FR Doc. 2010–15882 Filed 6–29–10; 8:45 am] excluding research set-aside (RSA) (NTTAA), Public Law 104–113, section BILLING CODE 6560–50–S quota. The best available landings 12(d) (15 U.S.C. 272 note). information indicates that 3,133,110 lb (1,421 mt) of Loligo was landed during V. Congressional Review Act DEPARTMENT OF COMMERCE Trimester 1, and 14,563,399 lb (6,606 The Congressional Review Act, 5 mt) remain. Consistent with the 2010 U.S.C. 801 et seq., generally provides National Oceanic and Atmospheric Specifications and Management that before a rule may take effect, the Administration Measures, as the quota underages for Agency promulgating the rule must Trimester 1 are greater than 25 percent submit a rule report to each House of 50 CFR Part 648 of the Trimester 1 quota, the underages the Congress and to the Comptroller are divided in half, with half applied to General of the United States. EPA will [Docket No. 0907301206–0032–02] Trimester 2, and the other half applied submit a report containing this rule and RIN 0648–XW95 to Trimester 3. This results in a revised other required information to the U.S. Trimester 2 quota from the initial quota Senate, the U.S. House of Fisheries of the Northeastern United of 6,995,269 lb (3,173 mt) to a new Representatives, and the Comptroller States; Atlantic Mackerel, Squid, and quota of 14,276,968 lb (6,476 mt) and a General of the United States prior to Butterfish Fisheries; Adjustment to the revised Trimester 3 quota from the publication of this final rule in the Loligo Trimester 2 and 3 Quota initial quota of 16,461,920 lb (7,467 mt) Federal Register. This final rule is not lb to a new quota of 23,743,619 lb AGENCY: National Marine Fisheries a ‘‘major rule’’ as defined by 5 U.S.C. (13,770 mt). 804(2). Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Classification List of Subjects in 40 CFR Part 180 Commerce. This action is required by 50 CFR part Environmental protection, ACTION: Temporary rule; inseason 648 and is exempt from review under Administrative practice and procedure, adjustment. Agricultural commodities, Pesticides Executive Order 12866. and pests, Reporting and recordkeeping SUMMARY: NMFS adjusts the 2010 The Assistant Administrator for requirements. Fishing Year (FY) Trimester 2 and 3 Fisheries, NOAA (AA), finds good cause Loligo squid quotas. This action pursuant to 5 U.S.C. 553(b)(B) to waive Dated: June 21, 2010. prior notice and the opportunity for Lois Rossi, complies with the 2010 Specifications and Management Measures for the public comment because it would be Director, Registration Division, Office of Atlantic Mackerel, Squid, and Butterfish contrary to the public interest. This Pesticide Programs. action modifies the Trimester 2 and 3 ■ Fisheries Management Plan, which Therefore, 40 CFR chapter I is modified accounting procedures for Loligo quotas for FY 2010, as specified corrected as follows: underages of Trimester 1 quota in the in the FY 2010 Specification and Loligo fishery. Management Measures for the Atlantic PART 180—[AMENDED] Mackerel, Squid, and Butterfish DATES: Effective June 30, 2010 through ■ Fisheries. The regulations at 1. The authority citation for part 180 December 31, 2010. continues to read as follows: § 648.22(a)(2)(i) require such action to FOR FURTHER INFORMATION CONTACT: ensure the quota is not under-harvested Authority: 21 U.S.C. 321(q), 346a and 371. Lindsey Feldman, Fishery Management and is distributed evenly throughout the Specialist, 978–675–2179, Fax 978–281– ■ 2. Add § 180.155(b) to read as follows: year. Landings information indicates 9135. that underages from Trimester 1 are § 180.155 1-Naphthaleneacetic acid; SUPPLEMENTARY INFORMATION: NMFS greater than 25 percent of the Trimester tolerances for residues. published the final rule for the 2010 1 Loligo quota. Trimester 2 began on * * * * * Specifications and Management May 1, 2010, and a delay in increasing (b) Section 18 emergency exemptions. Measures for the Atlantic Mackerel, the quota could result in premature A time-limited tolerance specified in the Squid, and Butterfish Fisheries in the closure of the fishery. As such, the following table is established for Federal Register on February 3, 2010 distribution of Trimester 1 underages to residues of the ethyl ester of 1- (75 FR 5537). The final rule modified Trimesters 2 and 3 must occur without naphthaleneacetic acid in or on the accounting procedures for underages of delay. The AA further finds, pursuant to following raw agricultural commodity Trimester 1 quota in the Loligo fishery, 5 U.S.C. 553(d)(3), good cause to waive resulting from use of the pesticide so that Trimester 1 quota underages that the 30-day delayed effectiveness period pursuant to FIFRA section 18 are greater than 25 percent of the for the reasons stated above. emergency exemptions. The tolerance Trimester 1 quota are allocated equally Authority: 16 U.S.C. 1801 et seq. will expire and is revoked on the date to Trimesters 2 and 3, and underages specified in the following table: that are less than 25 percent of the Dated: June 25, 2010 Trimester 1 quota are allocated to Carrie Selberg, Com- Parts per Expiration/revoca- Trimester 3. Acting Director, Office of Sustainable modity million tion For FY 2010, the initial Loligo Fisheries, National Marine Fisheries Service. [FR Doc. 2010–15933 Filed 6–29–10; 8:45 am] Avocado .. 0.05 12/31/12 Trimester 1 quota was 17,696,509 lb (8,027 mt), which is equal to 43 percent BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 75, No. 125

Wednesday, June 30, 2010

This section of the FEDERAL REGISTER comments submitted in response to this the order is not in accordance with law contains notices to the public of the proposed rule will be included in the record and and request a modification of the order issuance of rules and regulations. The will be made available to the public. or to be exempted therefrom. Such purpose of these notices is to give interested Please be advised that the identity of the handler is afforded the opportunity for persons an opportunity to participate in the individuals or entities submitting the a hearing on the petition. After the rule making prior to the adoption of the final rules. comments will be made public on the hearing USDA would rule on the Internet at the address provided above. petition. The Act provides that the FOR FURTHER INFORMATION CONTACT: district court of the United States in any DEPARTMENT OF AGRICULTURE Robert Curry or Gary Olson, Northwest district in which the handler is an Marketing Field Office, Marketing Order inhabitant, or has his or her principal Agricultural Marketing Service Administration Branch, Fruit and place of business, has jurisdiction to Vegetable Programs, AMS, USDA, 1220 review USDA’s ruling on the petition, 7 CFR Part 922 SW. Third Avenue, suite 385, Portland, provided an action is filed not later than [Doc. No. AMS–FV–10–0050; FV10–922–1 OR 97204; Telephone: (503) 326–2724; 20 days after the date of the entry of the PR] Fax: (503) 326–7440; or E-mail: ruling. [email protected] or This rule would increase the Apricots Grown in Designated [email protected]. assessment rate established for the Counties in Washington; Increased Small businesses may request Committee for the 2010–11 and Assessment Rate information on complying with this subsequent fiscal periods from $1.00 to regulation by contacting Antoinette $1.50 per ton for Washington apricots AGENCY: Agricultural Marketing Service, Carter, Marketing Order Administration handled under the order. USDA. Branch, Fruit and Vegetable Programs, The order provides authority for the ACTION: Proposed rule. AMS, USDA, 1400 Independence Committee, with the approval of USDA, Avenue, SW., STOP 0237, Washington, to formulate an annual budget of SUMMARY: This rule would increase the DC 20250–0237; Telephone: (202) 690– expenses and collect assessments from assessment rate established for the 3919; Fax: (202) 720–8938; or E-mail: handlers to administer the program. The Washington Apricot Marketing [email protected]. members of the Committee are Committee (Committee) for the 2010–11 SUPPLEMENTARY INFORMATION: This rule producers and handlers of apricots in and subsequent fiscal periods from designated counties in Washington. $1.00 to $1.50 per ton for Washington is issued under Marketing Order No. 922 (7 CFR part 922), as amended, They are familiar with the Committee’s apricots. The Committee is responsible needs and with the costs for goods and for local administration of the marketing regulating the handling of apricots grown in designated counties in services in their local area and are thus order regulating the handling of apricots in a position to formulate an appropriate grown in designated counties in Washington, hereinafter referred to as the ‘‘order.’’ The order is effective under budget and assessment rate. The Washington. Assessments upon assessment rate is formulated and handlers of apricots are used by the the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601– discussed at a public meeting. Thus, all Committee to fund reasonable and directly affected persons have an necessary expenses of the program. The 674), hereinafter referred to as the ‘‘Act.’’ The Department of Agriculture opportunity to participate and provide fiscal period for the marketing order (USDA) is issuing this rule in input. begins April 1 and ends March 31. The conformance with Executive Order For the 2009–10 and subsequent fiscal assessment rate would remain in effect 12866. periods, the Committee recommended, indefinitely unless modified, suspended This rule has been reviewed under and the USDA approved, an assessment or terminated. Executive Order 12988, Civil Justice rate of $1.00 per ton of apricots handled. DATES: Comments must be received by Reform. Under the marketing order now This rate continues in effect from fiscal July 15, 2010. in effect, apricot handlers in designated period to fiscal period unless modified, ADDRESSES: Interested persons are counties in Washington are subject to suspended, or terminated by USDA invited to submit written comments assessments. Funds to administer the upon recommendation and information regarding this rule. Comments must be order are derived from such submitted by the Committee or other sent to the Docket Clerk, Marketing assessments. It is intended that the information available to USDA. Order Administration Branch, Fruit and assessment rate as proposed herein The Committee met on May 19, 2010, Vegetable Programs, AMS, USDA, 1400 would be applicable to all assessable and unanimously recommended 2010– Independence Avenue, SW., STOP Washington apricots beginning April 1, 11 expenditures of $8,145. In 0237, Washington, DC 20250–0237; Fax: 2010, and continue until amended, comparison, last year’s budgeted (202) 720–8938; or Internet: http:// suspended, or terminated. expenditures were $7,843. In addition, www.regulations.gov. Comments should The Act provides that administrative the Committee recommended that the reference the docket number and the proceedings must be exhausted before $1.00 per ton assessment rate be date and page number of this issue of parties may file suit in court. Under increased by $0.50 to $1.50 per ton of the Federal Register and will be section 608c(15)(A) of the Act, any apricots handled. Committee members available for public inspection in the handler subject to an order may file reported that apricot production this Office of the Docket Clerk during regular with USDA a petition stating that the season may be lower than that of last business hours, or can be viewed at: order, any provision of the order, or any season since portions of the Washington http://www.regulations.gov. All obligation imposed in connection with apricot production area experienced

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freezing weather in October 2009, and reviewed and, as appropriate, approved authority. The Committee also high winds in April of this year. As a by USDA. unanimously recommended 2010–11 result, the Committee has estimated that expenditures of $8,145. With a 2010–11 Initial Regulatory Flexibility Analysis shipments of fresh apricots will Washington apricot crop estimate of approximate 5,550 tons this season— Pursuant to requirements set forth in 5,550 fresh market tons, the Committee somewhat less than the 6,860 tons of the Regulatory Flexibility Act (RFA), the anticipates assessment income of about fresh apricots reported last season. The Agricultural Marketing Service (AMS) $8,325. The Committee recommended Committee thus recommended that the has considered the economic impact of the assessment rate increase to help assessment rate be increased by $0.50 to this rule on small entities. Accordingly, ensure that budgeted expenses are help ensure that budgeted expenses are AMS has prepared this initial regulatory adequately covered. adequately covered. flexibility analysis. The major expenditures The major expenditures The purpose of the RFA is to fit recommended by the Committee for the recommended by the Committee for the regulatory actions to the scale of 2010–11 fiscal period include $4,800 for 2010–11 fiscal period include $4,800 for business subject to such actions in order the management fee, $1,300 for the management fee, $1,300 for that small businesses will not be unduly Committee travel, $100 for compliance, Committee travel, $100 for compliance, or disproportionately burdened. $750 for the annual audit review, and Marketing orders issued pursuant to the $750 for the annual audit review, and $1,195 for equipment maintenance, Act, and the rules issued thereunder, are $1,195 for equipment maintenance, insurance, bonds, and miscellaneous unique in that they are brought about insurance, bonds, and miscellaneous expenses. In comparison, major through group action of essentially expenses. In comparison, major expenditures for the 2009–10 fiscal small entities acting on their own expenditures for the 2009–10 fiscal period included $4,800 for the behalf. period included $4,800 for the management service fee, $1,000 for There are approximately 94 apricot travel, $100 for compliance, and $1,943 management service fee, $1,000 for producers within the regulated travel, $100 for compliance, and $1,943 for audits, insurance and bonds, production area and approximately 22 equipment maintenance and for audits, insurance and bonds, regulated handlers. Small agricultural equipment maintenance and miscellaneous expenses. Funds in the producers are defined by the Small Committee’s monetary reserve are miscellaneous expenses. Business Administration (13 CFR The assessment rate recommended by projected to be $7,854 on March 31, 121.201) as those having annual receipts 2011. This is within the order’s limit of the Committee was derived by dividing of less than $750,000, and small approximately one fiscal period’s the anticipated expenses of $8,145 by agricultural service firms are defined as operational expenses. the projected 2010 apricot production of those whose annual receipts are less The Committee discussed alternatives 5,550 tons. Applying the $1.50 per ton than $7,000,000. to this recommended assessment recommended assessment rate to this The Washington Agricultural increase. Leaving the assessment rate at crop estimate should provide $8,325 in Statistics Service reported that the total the current $1.00 per ton would earn the assessment income. Funds in the 8,500 ton Washington apricot utilization Committee $5,550, an amount Committee’s monetary reserve are (including both fresh and processed considerably less than the 2010 projected to be $7,854 on March 31, markets) in 2009 sold for an average of budgeted expenditures of $8,145. This 2011. This is within the order’s limit of $888 per ton. The total 2009 farm-gate would have significantly depleted the approximately one fiscal period’s value was approximately $7,551,000. Committee’s reserves, and thus was not operational expenses. Based on the number of producers in seriously considered. The Committee The proposed assessment rate would the production area (94), the average did not consider an assessment rate continue in effect indefinitely unless annual producer revenue from the sale greater than $1.50. modified, suspended, or terminated by of apricots in 2009 can thus be A review of historical crop and price USDA upon recommendation and estimated at approximately $80,330. In information, as well as preliminary information submitted by the addition, based on information from the information pertaining to the upcoming Committee or other available Committee and USDA’s Market News crop year indicates that the producer information. Service, 2009 f.o.b. prices for WA No. 1 price for the 2010–11 season could Although this assessment rate would apricots ranged from $14.00 to $24.00 average about $1,000 per ton for fresh be effective for an indefinite period, the per 24-pound loose-pack container, and Washington apricots. Therefore, the Committee would continue to meet from $12.00 to $22.00 for 2-layer tray estimated assessment revenue for the prior to or during each fiscal period to pack containers. The average 2009 price 2010–11 fiscal period as a percentage of recommend a budget of expenses and across all sizes and packs was $17.50, total producer revenue is 0.15 percent consider recommendations for with an estimated industry gross intake for Washington apricots. modification of the assessment rate. The of approximately $10,913,636 in f.o.b. This action would increase the dates and times of the Committee’s receipts for the 2009 crop—leaving assessment obligation imposed on meetings are available from the average receipts for each of the 22 handlers. While assessments impose Committee or USDA. The Committee’s handlers well below the SBA’s some additional costs on handlers, the meetings are open to the public and $7,000,000 threshold for small costs are minimal and uniform on all interested persons may express their businesses. Therefore, the majority of handlers. Some of the additional costs views at these meetings. USDA would producers and handlers of Washington may be passed on to producers. evaluate the Committee’s apricots may be classified as small However, these costs would be offset by recommendations and other available entities. the benefits derived by the operation of information to determine whether This rule would increase the the order. modification of the assessment rate is assessment rate established for the The Committee’s meeting was widely needed. Further rulemaking would be Committee and collected from handlers publicized throughout the Washington undertaken as necessary. The for the 2010–11 and subsequent fiscal apricot industry and all interested Committee’s 2010–11 budget and those periods from $1.00 to $1.50 per ton for persons were invited to attend and for subsequent fiscal periods would be apricots handled under the order’s participate in Committee deliberations

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on all issues. Like all Committee PART 922—APRICOTS GROWN IN ‘‘RIN–AE44’’ in the subject line of the meetings, the May 19, 2010, meeting DESIGNATED COUNTIES IN message. was a public meeting and all entities, WASHINGTON Fax: (202) 482–3355. Please alert the both large and small, were able to Regulatory Policy Division, by calling express views on the issues. 1. The authority citation for 7 CFR (202) 482–2440, if you are faxing Additionally, interested persons are part 922 continues to read as follows: comments. invited to submit information on the Authority: 7 U.S.C. 601–674. Mail or Hand Deliver/Courier: regulatory and informational impacts of 2. Section 922.235 is revised to read Sharron Cook, U.S. Department of this action on small businesses. as follows: Commerce, Bureau of Industry and This proposed rule would impose no Security, Regulatory Policy Division, additional reporting or recordkeeping § 922.235 Assessment rate. 14th St. & Pennsylvania Ave., NW., requirements on either small or large On or after April 1, 2010, an Room 2705, Washington, DC 20230, Washington apricot handlers. As with assessment rate of $1.50 per ton is Attn: RIN–AE44. all Federal marketing order programs, established for the Washington Apricot Send comments regarding the reports and forms are periodically Marketing Committee. collection of information associated reviewed to reduce information with the rule, including suggestions for Dated: June 25, 2010. requirements and duplication by reducing the burden, to Jasmeet Seehra, industry and public sector agencies. Rayne Pegg, Office of Management and Budget Additionally, USDA has not identified Administrator, Agricultural Marketing (OMB), by e-mail to any relevant Federal rules that Service. [email protected], or by fax to (202) duplicate, overlap, or conflict with this [FR Doc. 2010–15941 Filed 6–29–10; 8:45 am] 395–7285; and to the U.S. Department of rule. BILLING CODE 3410–02–P Commerce, Bureau of Industry and AMS is committed to complying with Security, Regulatory Policy Division, the E-Government Act, to promote the 14th St. & Pennsylvania Ave., NW., use of the Internet and other DEPARTMENT OF COMMERCE Room 2705, Washington, DC 20230. information technologies to provide FOR FURTHER INFORMATION CONTACT: increased opportunities for citizen Bureau of Industry and Security access to Government information and James Thompson, Sensors and Aviation Division, Bureau of Industry and services, and for other purposes. 15 CFR Parts 742 and 774 A small business guide on complying Security, Telephone: (202) 482–4252. with fruit, vegetable, and specialty crop [Docket No. 080724907–91435–01] SUPPLEMENTARY INFORMATION: marketing agreements and orders may RIN 0694–AE44 Background be viewed at: http://www.ams.usda.gov/ AMSv1.0/ams.fetchTemplate Addition of New Export Control The Bureau of Industry and Security Data.do?template=TemplateN&page= Classification Number 6A981 Passive proposes to amend the Export MarketingOrdersSmallBusinessGuide. Infrasound Sensors to the Commerce Administration Regulations (EAR) by Any questions about the compliance Control List of the Export imposing new foreign policy export and guide should be sent to Antoinette Administration Regulations, and reexport controls on certain infrasound Carter at the previously mentioned Related Amendments sensors (i.e., sensors capable of address in the FOR FURTHER INFORMATION detecting sound from 0.01 to 16 Hertz). AGENCY: Bureau of Industry and CONTACT section. Infrasound sensors are used by the oil A 15-day comment period is provided Security, Commerce. exploration industry, meteorologists, to allow interested persons to respond ACTION: Proposed rule, request for seismologists, and the military to detect to this proposed rule. Fifteen days is comments. natural or man-made infrasound sources deemed appropriate because: (1) The including earthquakes, volcanic SUMMARY: The Bureau of Industry and 2010–11 fiscal period began on April 1, eruptions, rocket launch, and/or nuclear Security proposes to amend the Export 2010, and the order requires that the explosions. Administration Regulations (EAR) by assessment rate for each fiscal period Passive infrasound sensors, which adding Export Control Classification apply to all assessable apricots handled possess civil and military utility, are not Number (ECCN) 6A981 to the during such fiscal period; (2) the currently specified in the CCL, but Commerce Control List (CCL) to control Washington apricot harvest and similar sensors are subject to the EAR. passive infrasound sensors because of shipping season is expected to begin as Today’s passive infrasound sensors have their military and commercial utility. early as the last week of June; (3) the updated electronics, which increase Items under this new ECCN will be Committee needs to have sufficient their sensitivity and allow the detection controlled for Regional Stability (RS) funds to pay its expenses, which are of additional infrasound sources. and Anti-Terrorism (AT) reasons. In incurred on a continuous basis; and (4) Because of the enhanced capabilities of addition, BIS proposes to control handlers are aware of this action, which current sensors, these passive technology and software for the was recommended by the Committee at infrasound sensors have military and development, production, or use of a public meeting and is similar to other commercial applications, and therefore these items for RS and AT reasons assessment rate actions issued in past should be controlled under the EAR for under revised ECCNs 6D991 and 6E991, years. regional stability (RS) and antiterrorism respectively. (AT) reasons. List of Subjects in 7 CFR Part 922 DATES: Comments must be received by BIS proposes to amend the EAR, Apricots, Marketing agreements, August 30, 2010. Supplement No. 1 to Part 774 Reporting and recordkeeping ADDRESSES: You may submit comments, (Commerce Control List), Category 6 requirements. identified by RIN–AE44 by any of the (Sensors and Lasers) by adding Export For the reasons set forth in the following methods: Control Classification Number (ECCN) preamble, 7 CFR part 922 is proposed to E-mail: [email protected] 6A981. This new ECCN 6A981 would be be amended as follows: or via www.regulations.gov. Include controlled for RS and AT reasons and

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would have the following control 2. What the end-use is for the sensors States (5 U.S.C. 553(a)(1)). Further, no parameters; ‘‘Sensors designed to your company manufactures. other law requires that a notice of measure pressure whose 3 dB 3. What the typical end-uses are for proposed rulemaking and an bandwidth intersects any part of the these sensors, other than those end-uses opportunity for public comment be infrasound band of 0.01–16 Hz and have described in this proposed rule. given for this proposed rule. Because a a sensor band-limited root mean 4. Whether the parameters set forth in notice of proposed rulemaking and an squared (RMS) self-noise from 0.5–2Hz this rule are appropriate to control opportunity for public comment are not less than 0.15 milliPascals, which is sensors that could be used to detect required to be given for this rule under equivalent to an average of –77 dB rocket launch and/or nuclear 5 U.S.C. 553 or by any other law, the (relative to 1 Pa∧2/Hz) across the 0.5– explosions, or whether the parameters analytical requirements of the 2Hz band.’’ are overly broad. If the controls are Regulatory Flexibility Act (5 U.S.C. 601 BIS proposes to require a license for overly broad, could the parameters be et seq.) are not applicable. the export and reexport of these sensors narrowed to capture sensors that BIS is to countries with an X in the box under interested in controlling. List of Subjects RS Column 2 and AT Column 1 on the 5. Whether there is foreign availability 15 CFR Part 742 Commerce Country Chart (See for these sensors. If foreign availability Supplement No. 1 to Part 738 of the does exist, it would be helpful if your Exports, Terrorism. EAR.) There may be license exceptions company could provide BIS with the 15 CFR Part 774 available for export of these items under URLs referencing these sensors on Exports, Reporting and recordkeeping certain circumstances (License foreign Web sites or other foreign requirements. Exceptions GOV, TMP, RPL, TSU, BAG, marketing material. Accordingly, Parts 742 and 774 of the and APR). Rulemaking Requirements This rule also proposes to revise the Export Administration Regulations (15 headings of ECCNs 6E001 and 6E002 to 1. This proposed rule has been CFR Parts 730–774) are proposed to be make clear that ECCN 6A981 is determined to be not significant for amended as follows: excluded from the scope of these purposes of E.O. 12866. PART 742—[AMENDED] entries. In addition, this rule proposes 2. Notwithstanding any other to revise the headings and license provision of law, no person is required 1. The authority citation for part 742 requirements sections of ECCNs 6D991 to respond to, nor shall any person be continues to read as follows: and 6E991 in order to add RS and AT subject to a penalty for failure to comply Authority: 50 U.S.C. app. 2401 et seq.; 50 controls for development, production or with, a collection of information subject to the requirements of the Paperwork U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; use technology and software for 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 equipment under ECCN 6A981. Reduction Act of 1995 (44 U.S.C. 3501 U.S.C. 7210; Sec 1503, Pub. L. 108–11, 117 All other license requirements of the et seq.) (PRA), unless that collection of Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, EAR that are applicable to a transaction information displays a currently valid 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, involving these sensors would also Office of Management and Budget 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 apply to items controlled by new ECCN (OMB) Control Number. This rule FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 6A981 (e.g., end-user and end-use based contains a collection of information 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. license requirements set forth in Part subject to the requirements of the PRA. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential Determination 744 of the EAR). This collection has previously been approved by OMB under Control 2003–23 of May 7, 2003, 68 FR 26459, May Since August 21, 2001, the Export 16, 2003; Notice of August 13, 2009, 74 FR Administration Act of 1979, as Number 0694–0088 (Multi-Purpose 41325 (August 14, 2009); Notice of November amended, has been in lapse. However, Application), which carries a burden 6, 2009, 74 FR 58187 (November 10, 2009). the President, through Executive Order hour estimate of 58 minutes to prepare 13222 of August 17, 2001 (3 CFR, 2001 and submit form BIS–748. This rule is § 742.6 [Amended] Comp. 783 (2002)), which has been not expected to result in any change for 2. Section 742.6 is amended by extended by successive Presidential collection purposes. Send comments revising paragraph (a)(4)(i) to read as Notices, the most recent being that of regarding this burden estimate or any follows: August 13, 2009 (74 FR 41325 (August other aspect of this collection of 14, 2009)), has continued the EAR in information, including suggestions for § 742.6 Regional Stability. effect under the International reducing the burden, to Jasmeet Seehra, (a) * * * Emergency Economic Powers Act (50 Office of Management and Budget (4) RS Column 2 license U.S.C. 1701–1707). (OMB), and to the Regulatory Policy requirements—(i) License Requirements Division, Bureau of Industry and Applicable to Most RS Column 2 Items. Request for Public Comments Security, Department of Commerce, as As indicated in the CCL and in RS BIS is requesting public comment on indicated in the ADDRESSES section of Column 2 of the Commerce Country the possible impact of this proposed this rule. Chart (see Supplement No. 1 to part 738 rule. As these sensors are not currently 3. This rule does not contain policies of the EAR), a license is required to any described on the Commerce Control List with Federalism implications as this destination except Australia, Japan, (CCL), it is difficult for BIS to determine term is defined under Executive Order New Zealand, and countries in the how many U.S. companies manufacture 13132. North Atlantic Treaty Organization these sensors and would be impacted by 4. The provisions of the (NATO) for items described on the CCL this new control. Therefore BIS is Administrative Procedure Act (5 U.S.C. under ECCNs 0A918, 0E918, 1A004.d, seeking specific information about the 553) requiring notice of proposed 1D003 (software to enable equipment to impact of this proposed rule, as follows: rulemaking, the opportunity for public perform the functions of equipment 1. Whether your company participation, and a delay in effective controlled by 1A004.d), 1E001 manufactures parts, software, or date, are inapplicable because this (technology for the development, technology that would be controlled if regulation involves a military and production, or use of 1A004.d), 2A983, this rule was to be promulgated. foreign affairs function of the United 2A984, 2D983, 2D984, 2E983, 2E984,

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6A981, 6D991 (only ‘‘software’’ for the intersects any part of the infrasound 6B (except 6B995) or 6C (except ‘‘production’’, ‘‘development’’, or ‘‘use’’ of band of 0.01–16 Hz and have a sensor 6C992 or 6C994). commodities in ECCN 6A981), 6E991 band-limited root mean squared (RMS) * * * * * (only for ‘‘technology’’ for the self-noise from 0.5–2 Hz less than 0.15 8. In Supplement No. 1 to Part 774 ‘‘production, ‘‘development’’, or ‘‘use’’ of milliPascals, which is equivalent to an (the Commerce Control List) Category 6 commodities in ECCN 6A981), 8A918, average of ¥77 dB (relative to 1 Pa∧2/ is amended by revising the Heading and and for military vehicles and certain Hz) across the 0.5–2 Hz band. the License Requirements section of commodities (specially designed) used b. [RESERVED] ECCN 6E991 to read as follows: to manufacture military equipment, * * * * * 6E991 ‘‘Technology’’ for the described on the CCL in ECCNs 5. In Supplement No. 1 to Part 774 ‘‘development’’, ‘‘production’’ or 0A018.c, 1B018.a, 2B018, 9A018.a and (the Commerce Control List) Category 6 ‘‘use’’ of equipment controlled by .b, 9D018 (only software for the ‘‘use’’ of is amended by revising the Heading and 6A981, 6A991, 6A996, 6A997, or commodities in ECCN 9A018.a and .b), the License Requirements section of 6A998. and 9E018 (only technology for the ECCN 6D991 to read as follows: ‘‘development’’, ‘‘production’’, or ‘‘use’’ of 6D991 ‘‘Software’’ specially designed License Requirements commodities in 9A018.a and .b). for the ‘‘development’’, Reason for Control: RS, AT * * * * * ‘‘production’’, or ‘‘use’’ of equipment controlled by 6A002.e, 6A981, Control(s) Country chart PART 774—[AMENDED] 6A991, 6A996, 6A997, or 6A998. RS applies to ‘‘tech- RS Column 1. 3. The authority citation for part 774 License Requirements nology’’ for equip- continues to read as follows: Reason for Control: RS, AT ment controlled by Authority: 50 U.S.C. app. 2401 et seq.; 50 6A998.b. U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. Control(s) Country chart RS applies to ‘‘tech- RS Column 2. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et nology’’ for equip- seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); RS applies to ‘‘soft- RS Column 1. ment controlled by 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. ware’’ for equip- 6A981.. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; ment controlled by AT applies to entire AT Column 1. 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 6A002.e or entry except ‘‘tech- 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 6A998.b. nology’’ for equip- 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 RS applies to ‘‘soft- RS Column 2. ment controlled by Comp., p. 783; Notice of August 13, 2009, 74 ware’’ for equip- 6A991. FR 41325 (August 14, 2009). ment controlled by AT applies to ‘‘tech- AT Column 2. Supplement No. 1 to Part 774— 6A981. nology’’ for equip- ment controlled by [Amended] AT applies to entire AT Column 1. entry, except ‘‘soft- 6A991. 4. In Supplement No. 1 to Part 774 ware’’ for equip- (the Commerce Control List) Category 6 ment controlled by * * * * * is amended by adding Export Control 6A991. Dated: June 25, 2010. Classification Number (ECCN) 6A981 AT applies to ‘‘soft- AT Column 2. Kevin J. Wolf, after ECCN 6A226 to read as follows: ware’’ for equip- ment controlled by Assistant Secretary for Export Supplement No. 1 to Part 774—The 6A991. Administration. Commerce Control List [FR Doc. 2010–15928 Filed 6–29–10; 8:45 am] * * * * * * * * * * BILLING CODE 3510–33–P 6A981 Passive infrasound sensors, as 6. In Supplement No. 1 to Part 774 follows (see List of Items (the Commerce Control List) Category 6 Controlled). is amended by revising the Heading of DEPARTMENT OF COMMERCE ECCN 6E001 to read as follows: License Requirements 6E001 ‘‘Technology’’ according to the National Oceanic and Atmospheric Reason for Control: RS, AT General Technology Note for the Administration ‘‘development’’ of equipment, Control Country chart materials or ‘‘software’’ controlled 15 CFR Part 902 by 6A (except 6A981, 6A991, RS applies to entire RS Column 2. 50 CFR Part 660 entry. 6A992, 6A994, 6A995, 6A996, AT applies to entire AT Column 1. 6A997, or 6A998), 6B (except [Docket No. 100212086–0210–01] entry. 6B995), 6C (except 6C992 or 6C994), or 6D (except 6D991, RIN 0648–AY68 License Exceptions 6D992, or 6D993). Fisheries off West Coast States; LVS: N/A * * * * * 7. In Supplement No. 1 to Part 774 Pacific Coast Groundfish Fishery GBS: N/A Management Plan; Amendments 20 CIV: N/A (the Commerce Control List) Category 6 is amended by revising the Heading of and 21; Trawl Rationalization Program; List of Items Controlled ECCN 6E002 to read as follows: Correction Unit: Number 6E002 ‘‘Technology’’ according to the AGENCY: National Marine Fisheries Related Controls: N/A General Technology Note for the Service (NMFS), National Oceanic and Related Definitions: N/A ‘‘production’’ of equipment or Items: Atmospheric Administration (NOAA), materials controlled by 6A (except Commerce. a. Sensors designed to measure 6A981, 6A991, 6A992, 6A994, ACTION: Proposed rule; correction. pressure whose 3 dB bandwidth 6A995, 6A996, 6A997 or 6A998),

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SUMMARY: NMFS is correcting dates the amendments must be submitted to • Electronic Submissions: Submit all referenced in the preamble to the NMFS by July 12, 2010. This preamble electronic public comments via the proposed rule for Amendments 20 and provides information about the full Federal e-Rulemaking portal http:// 21 to the Pacific Coast Groundfish contents of each amendment for the www.regulations.gov. Fishery Management Plan (FMP), which purposes of promoting informed public • Fax: (978) 281–9135, Attn: Anna published in the Federal Register on comment. Detailed provisions regarding Macan. June 10, 2010. The dates being corrected features of the proposed rule are • Mail: Patricia A. Kurkul, Regional refer to the decision date for the FMP provided where applicable. In addition, Administrator, NMFS, Northeast amendments and the end date for the section IV of this preamble highlights Regional Office, 55 Great Republic public comment period on the two what the main regulatory changes Drive, Gloucester, MA 01930. Mark the amendments. Amendment 20 would would be.’’ outside of the envelope: ‘‘Comments on establish a trawl rationalization program Authority: 16 U.S.C. 1801 et seq. Proposed Opening of GB PSP Closed for the Pacific Coast groundfish fishery. Area.’’ Dated: June 24, 2010 Amendment 21 would establish fixed Instructions: All comments received allocations for limited entry (LE) trawl Samuel D. Rauch III, are part of the public record and will participants. Deputy Assistant Administrator For generally be posted to http:// Regulatory Programs, National Marine www.regulations.gov without change. DATES: Effective June 10, 2010. Fisheries Service. FOR FURTHER INFORMATION CONTACT: All Personal Identifying Information (for [FR Doc. 2010–15932 Filed 6–29–10; 8:45 am] example, name, address, etc.) Jamie Goen, 206–526–4656; (fax) 206– BILLING CODE 3510–22–S 526–6736; [email protected]. voluntarily submitted by the commenter may be publicly accessible. Do not SUPPLEMENTARY INFORMATION: DEPARTMENT OF COMMERCE submit confidential business Need for Correction information or otherwise sensitive or Some dates referenced in the National Oceanic and Atmospheric protected information. preamble to the proposed rule for the Administration NMFS will accept anonymous trawl rationalization program (75 FR comments. Attachments to electronic 32994, June 10, 2010) regarding the 50 CFR Part 648 comments will be accepted via Microsoft Word, Microsoft Excel, decision date for the FMP amendments [Docket No. 100526227–0256–01] and the end date for the public WordPerfect, or Adobe PDF file formats comment period need to be corrected. In RIN 0648–AY71 only. two places in the preamble to the FOR FURTHER INFORMATION CONTACT: Magnuson-Stevens Fishery Anna Macan, Fishery Management proposed rule, NMFS had instructed the Conservation and Management Act Federal Register to ‘‘Insert date XX days Specialist, phone (978) 281–9165, fax Provisions; Fisheries of the (978) 281–9135. after date of publication of the NOA in Northeastern United States; Surfclam ’’ SUPPLEMENTARY INFORMATION the FEDERAL REGISTER. The Federal and Ocean Quahog Fishery : Register inserted dates that were Background calculated from the proposed rule rather AGENCY: National Marine Fisheries than the notice of availability (NOA) (75 Service (NMFS), National Oceanic and The GB Closed Area, located in the FR 26702, May 12, 2010). NMFS has Atmospheric Administration (NOAA), Exclusive Economic Zone east of 69°00′ since learned that the Federal Register Commerce. W. longitude and south of 42°20′ N. cannot calculate dates between two ACTION: Proposed rule; request for latitude (see attachment), has been publications; in this case, between the comments. closed to the harvest of surfclams and NOA and the proposed rule. The ocean quahogs since 1990 due to red erroneous dates show up on page 32994 SUMMARY: NMFS proposes to open a tide blooms that cause PSP. The closure of the published proposed rule as portion of the Georges Bank (GB) Closed was implemented based on advice from September 8, 2010, and August 9, 2010. Area to the harvest of Atlantic surfclams the FDA, after samples tested positive They should read August 10, 2010, and and ocean quahogs, which has been for toxins (saxotoxins) that cause PSP. July 12, 2010, respectively. closed since 1990 due to the presence of PSP toxins are produced by the alga, Accordingly, the preamble to the toxins known to cause paralytic Alexandrium fundyense, that can form proposed rule, published on June 10, shellfish poisoning (PSP). The U.S. blooms commonly referred to as red 2010, at 75 FR 32994, on page 32994, Food and Drug Administration (FDA) tides, or harmful algal blooms (HABs), third column, second paragraph after has indicated that recent testing of and can produce toxins that accumulate ‘‘Electronic Access,’’ is corrected to read clams collected from this portion of the in water column filter-feeding shellfish. as follows: GB Closed Area, known as Cultivator Shellfish contaminated with the toxin, if ‘‘Although this proposed rule would Shoal, has demonstrated that PSP toxin eaten in large enough quantity, can implement only certain portions of levels are well below the regulatory cause illness or death in humans. Amendments 20 and 21, NMFS is limit established for public health Due to inadequate testing or reviewing both Amendments 20 and 21 safety. As a result, the FDA has monitoring of the GB Closed Area for in their entirety. On May 12, 2010, determined that harvesting of surfclams the presence of PSP-causing toxins, the NMFS published a notice of availability and ocean quahogs for human closure was made permanent in 1999, of Amendments 20 and 21, and— consumption, within this portion of the under Amendment 12 to the Surfclam consistent with requirements of the GB Closed Area, is safe. and Ocean Quahogs Fishery Magnuson-Stevens Fishery DATES: Written comments must be Management Plan (FMP). In addition, Conservation and Management Act received no later than 5 p.m. eastern NMFS also established temporary PSP (MSA)—must make a decision to standard time, on July 30, 2010. closure areas, specified at approve, disapprove, or partially ADDRESSES: You may submit comments, § 648.14(a)(10)(iii) and (iv), that have approve the amendments by August 10, identified by RIN number 0648–AY71, been in effect since 2005. NMFS has 2010. Comments on the approvability of by any of the following methods: relied on the FDA’s advice to open/close

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or shift these temporary PSP closure allow for testing the efficacy of for human consumption. The FDA has areas. Since the implementation of the harvesting surfclams and ocean quahogs indicated that recent testing of clams permanent closure, NOAA’s National from a portion of the GB Closed Area from this portion of the GB Closed Area, Ocean Service (NOS) has provided using the Protocol. The EFP was known as Cultivator Shoal, has grants to the FDA; the states of Maine, subsequently renewed on January 22, demonstrated that PSP toxin levels are New Hampshire, and Massachusetts; 2009, and December 10, 2009. As of well below the regulatory limit and a clam industry representative to May 6, 2010, five commercial Surfclam established for public health safety. This collect water and shellfish samples from trips for the 2010 fishing year have been information contributed to the FDA’s Federal waters off of southern New conducted under the EFP, in which at- determination that harvesting of England. The FDA, in consultation with sea and dockside sampling conducted in surfclams and ocean quahogs for human NMFS and several states, also accordance with the Protocol tested consumption from the area described developed the Protocol for Onboard negative for PSP toxin levels, thus below is safe. Screening and Dockside Testing in permitting the surfclams harvested from Molluscan Shellfish (Protocol) that is these trips to enter the food market. The FDA requests, and NMFS designed to test and verify that clams On January 21, 2010, NMFS received proposes, to open the Federal waters, harvested from the GB are safe. NMFS a letter from the FDA requesting NMFS bounded by the coordinates listed in the first issued an Exempted Fishing Permit open a portion of the GB Closed Area, Table 1. The remaining portion of the (EFP) on January 9, 2008, to Truex as specified at 50 CFR 648.73(a), to the GB Closure Area would remain closed. Enterprises of New Bedford, MA, to harvest of surfclams and ocean quahogs BILLING CODE 3510–22–S

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BILLING CODE 3510–22–C

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About a month after NMFS received analyzes the impacts of this proposed any or all of the areas associated with this the letter from the FDA, NOS issued a rule. A copy of the draft EA is available action may open or close based on PSP forecast, on February 24, 2010, that the from the Federal e-Rulemaking portal conditions. Given this uncertainty as to NOAA-funded Gulf of Maine Toxicity http://www.regulations.gov. Type whether the area will remain open, it is not ‘‘ ’’ anticipated that there would be an increase Project predicted a larger regional HAB NOAA-NMFS–2010–0104 in the Enter in participation in the fishery due to the for the spring and summer of 2010. Keyword or ID field and click search. A opening of this area. NMFS, however, defers to the FDA in copy of the EA is also available upon Therefore, because this action only matters of the public health and has request from NMFS Northeast Regional proposes to re-open an area that has relied on their advice to initially Administrator, Patricia A. Kurkul (see previously been closed, and because no net implement the GB Closure, and has also ADDRESSES). change in fishing effort or participation in the been relying on the FDA’s advice to This proposed rule has been fishery is expected, this action will not have open/close or shift the temporary PSP determined to be not significant for a significant economic effect on a substantial closure areas specified at purposes of Executive Order 12866. number of small entities. § 648.14(a)(10)(iii) and (iv) that have The Chief Counsel for Regulation of As a result, an initial regulatory been in effect since 2005. Since NMFS the Department of Commerce certified flexibility analysis is not required and defers to the FDA in matters of the to the Chief Counsel for Advocacy of the none has been prepared. public health, NMFS proposes to open Small Business Administration that this List of Subjects in 50 CFR Part 648 the portion of the GB Closed Area, proposed rule, if adopted, would not known as Cultivator Shoal, to the have a significant economic impact on Fisheries, Fishing, Reporting and harvest of surfclams and ocean quahogs, a substantial number of small entities. recordkeeping requirements. under its authority at § 648.73(c). NMFS The proposed measures could affect any Dated: June 23, 2010 will, however, continue to observe the vessel holding an active Federal open access Eric C. Schwaab, surfclam and/or ocean quahog permit. In NOS forecast and, in addition to seeking 2009, there were 47 Federal open-access Assistant Administrator For Fisheries, public comment, will consult with both surfclam and/or ocean quahog permitted National Marine Fisheries Service. the FDA and NOS prior to making a vessels that landed surfclams and/or ocean For the reasons set out in the final decision on whether to re-open quahogs. All of these vessels fall within the preamble, 50 CFR part 648 is proposed this area. definition of a small business. This action to be amended as follows: In addition, while NMFS proposes to proposes to open an area that has previously re-open a portion of the GB Closed Area been closed. Since the area is well offshore, PART 648—FISHERIES OF THE it is likely that the larger vessels (i.e., vessels NORTHEASTERN UNITED STATES as requested by the FDA, NMFS also greater than 90 ft (27.43 meters) in length) recognizes that red-tide events can vary would more likely target the surfclams and 1. The authority citation for part 648 inter-annually. For that reason, NMFS ocean quahogs from the GB Closed Area. The continues to read as follows: has prepared an environmental surfclam and ocean quahog fishery is assessment (EA), which analyzes the managed under an Individual Transferable Authority: 16 U.S.C. 1801 et seq. proposed re-opening and an additional Quota (ITQ) system, and since overall quotas 2. In § 648.73. paragraph (a)(4) is larger area within the GB Closed Area, are not being changed as a result of this revised to read as follows: action, there would be no net change in to cover the possibility that the FDA’s harvest. Participating vessels, regardless of § 648.73 Closed areas. proposed opening could shift or vary, size, would still be able to fish in any of the (a) *** depending on a change in conditions. existing areas open to the harvest of Given the temporal nature of PSP surfclams and ocean quahogs. Those vessels (4) Georges Bank. The paralytic conditions, NMFS is seeking public that may fish in the area proposed to be shellfish poisoning (PSP) contaminated opened may experience increased area, which is located in Georges Bank, comment on whether this proposed ° opening should be made effective. operational costs, if they choose to fish there, and is located east of 69 W. longitude, however, these costs, may be offset due to and south of 42°20′ N. latitude is closed Classification increased productivity in effort because of to the harvest of surfclams and ocean greater abundance of surfclams and ocean quahogs, except for the areas bounded Pursuant to section 304(b)(1)(A) of the quahogs in the GB Closed Area. In addition, Magnuson-Stevens Act, the Assistant for the past 3 years, NMFS has issued an by the following coordinates in the Administrator for Fisheries, NOAA, has Exempted Fishing Permit (EFP) for one vessel order stated: ° ′ ° ′ determined that this proposed rule is to harvest surfclams using the FDA-approved (i) 41 40 N. lat., 68 25 W. long.; consistent with the Surfclam and Ocean Protocol for Onboard Screening and Dockside (ii) 41° 40′ N. lat., 67° 55′ W. long.; Quahog FMP, other provisions of the Tesing in Molluscan Shellfish. Since NMFS (iii) 41° 39′ N. lat., 67° 55′ W. long; Magnuson-Stevens Act, and other has issued an EFP to harvest surfclams (iv) 41° 39′ N. lat., 68° 25′ W. long.; within the GB Closed Area, and given their and then ending at the first point. applicable law, subject to further higher value, it is likely that vessels would consideration after public comment. continue this trend in targeting surfclams * * * * * NMFS prepared a draft Environmental from the GB Closed Area. Due to the seasonal [FR Doc. 2010–15770 Filed 6–29–10; 8:45 am] Assessment (EA) for this action, which variability of PSP toxin levels, it is likely that BILLING CODE 3510–22–S

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Notices Federal Register Vol. 75, No. 125

Wednesday, June 30, 2010

This section of the FEDERAL REGISTER accordance with the terms, conditions automated, electronic, mechanical, or contains documents other than rules or and procedures prescribed under 37 other technological collection proposed rules that are applicable to the CFR part 404. Application for a license techniques or other forms of information public. Notices of hearings and investigations, must be addressed to the Federal agency technology, e.g. permitting electronic committee meetings, agency decisions and having custody of the invention. submission of responses. rulings, delegations of authority, filing of Comments may be sent to USDA, petitions and applications and agency Licenses may be granted only if the statements of organization and functions are license applicant has supplied the ARS, Office of Technology Transfer, examples of documents appearing in this Federal agency with a satisfactory plan 5601 Sunnyside Avenue, Room 4–1174, section. for the development and marketing of Beltsville, Maryland 20705–5131. All the invention and with information responses to this notice will be about the applicant’s capability to fulfill summarized and included in the request DEPARTMENT OF AGRICULTURE the plan. 37 CFR 404.8 sets forth the for OMB approval. All comments will information which must be provided by also become a matter of public record. Agricultural Research Service a license applicant. For the convenience Richard J. Brenner, of the applicant, USDA has itemized the Assistant Administrator. Notice of Intent To Request an information needed on Form AD–761, [FR Doc. 2010–15815 Filed 6–29–10; 8:45 am] Extension of a Currently Approved and instructions for completing the form Information Collection are provided to the applicant. The BILLING CODE 3410–03–P AGENCY: Agricultural Research Service, information submitted is used to USDA. determine whether the applicant has DEPARTMENT OF AGRICULTURE ACTION: Notice and request for both a complete and sufficient plan for comments. developing and marketing the invention Forest Service and the necessary manufacturing, SUMMARY: In accordance with the marketing, technical and financial White River National Forest, Colorado, Paperwork Reduction Act of 1995, this resources to carry out the submitted Oil and Gas Leasing Environmental notice announces the Agricultural plan. Impact Statement Research Service’s (ARS) intention to Estimate of Burden: Public reporting AGENCY: Forest Service, USDA. request an extension of a currently burden for this collection of information ACTION: Notice of intent to prepare an approved information collection, Form is estimated to average 3 hours per environmental impact statement. AD–761, USDA Patent License response. Application for Government Invention Description of Respondents: SUMMARY: The White River National that expires October 29, 2010. Businesses or other for profit Forest (WRNF) is initiating the DATES: Comments must be received on individuals. preparation of an environmental impact or before September 3, 2010. Estimated Number of Respondents: statement (EIS). The EIS will disclose ADDRESSES: Comments may be sent to 75. the potential effects of a proposal to June Blalock, USDA, ARS, Office of Frequency of Responses: One time per revise the existing WRNF 1993 Oil and Technology Transfer, 5601 Sunnyside invention. Gas Leasing and Final EIS and Record Avenue, Room 4–1174, Beltsville, Estimated Total Annual Burden on of Decision. The proposed revision Maryland 20705–5131; Telephone Respondents: 225 hours. includes the following: Changing what Number 301–504–5989. This data will be collected under the lands will be available for oil and gas FOR FURTHER INFORMATION CONTACT: June authority of 44 U.S.C. #3506(c)(2)(A). leasing; changing or adding stipulations Blalock, USDA, ARS, Office of Copies of this information collection to be attached to oil and gas leases for Technology Transfer, 301–504–5989. and related instructions can be obtained the protection of other resources; and SUPPLEMENTARY INFORMATION: without charge from June Blalock, amending the WRNF Land and Resource Title: USDA Patent License USDA, ARS, Office of Technology Management Plan 2002 Revision (Forest Application for Government Invention. Transfer by calling 301–504–5989. Plan) to incorporate the revised oil and OMB Number: 0518–0003. Comments are invited on (a) whether gas leasing decision. The EIS will Expiration Date of Approval: October the proposed collection of information document changed conditions and new 29, 2010. is necessary for the proper performance information since the WRNF 1993 Oil Type of Request: To extend a of the functions of the agency, including and Gas Leasing Final EIS and Record currently approved information whether the information will have of Decision and incorporate that collection. practical utility; (b) the accuracy of the information into the analysis of Abstract: The USDA patent licensing agency’s estimate of the burden of the potential effects of leasing on other program grants patent licenses to proposed collection of information resources. Changes in conditions and qualified businesses and individuals including the validity of the information since the 1993 leasing EIS who wish to commercialize inventions methodology and assumptions used; (c) and decision include the completion of arising from federally supported ways to enhance the quality, utility, and the WRNF Forest Plan; new and research. The objective of the program is clarity of the information to be improved oil and gas drilling, to use the patent system to promote the collected; and (d) ways to minimize the completion, and production technology; utilization of inventions arising from burden of the collection of information an increase in demand and public need such research. The licensing of federally on those who are to respond, such as for oil and natural gas; the increasing owned inventions must be done in through the use of appropriate rate of oil and gas development adjacent

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to and on the WRNF, and a projection Final Environmental Impact Statement and circumstances that are new and of substantial increase in oil and gas and Record of Decision as necessary to different from those analyzed for the development on the WRNF. address information and circumstances 1993 leasing decision; (2) Changing the The EIS will address current that are new and different from those 1993 leasing decision to identify applicable guidance, policy, regulation, analyzed for the existing (1993) oil and 266,599 acres as administratively and law pertinent to roadless areas, land gas leasing decision; (2) Identify what available for oil and gas leasing; (3) ownership, and threatened, endangered, NFS lands administered by the White Attaching lease stipulations on future and sensitive species. The scope of the River National Forest will continue to leases, where needed on lands analysis is forest-wide. be available for oil and gas leasing and identified as administratively available DATES: Comments concerning the scope what lease stipulations should apply to for leasing, for the purpose of protecting of the analysis must be received by July those lands for the protection of other other resources including:—(a) No 30, 2010. The draft environmental resources; (3) Amend the WRNF Land Surface Occupancy (NSO) stipulations impact statement is expected January and Resource Management Plan—2002 for certain—Wallace Creek Wildlife 2011 and the final environmental Revision to ensure consistency with the Seclusion Area; raptor species breeding impact statement is expected April oil and gas leasing analysis and territories; threatened, endangered, 2011. decision; and (4) Produce an proposed or candidate species The public open house date is: Environmental Impact Statement (EIS) populations and habitats; critical 1. Wednesday, 14 July 2010, 2:30 p.m. that will support the BLM’s bighorn sheep habitats; Colorado River to 8 p.m., Silt, CO. independent decision to include NFS cutthroat and greenback trout habitat; ADDRESSES: Send written comments to: lands administered by the WRNF in Battlement Reservoir watershed; White River National Forest Oil and Gas future competitive oil and gas lease wetlands and fens; water influence Scoping, P.O. Box 1919, Sacramento, sales. zones; municipal supply watersheds; CA 95812; Submit electronic comments Purpose for Action areas with known high and very high and other data to WRNFoilandgas geologic instability and/or slopes The purpose of the proposed action is > 50%; authorized sites and facilities; [email protected]. See to: (1) Ensure oil and gas leasing SUPPLEMENTARY INFORMATION for other summer non-motorized recreation and availability and lease stipulations are special interest areas; very high and information about electronic and fax consistent with the WRNF Land and filing. high scenic integrity objective areas; Resource Management Plan; (2) Ensure Research Natural Areas; and inventoried The public meeting location is the oil and gas leasing availability and lease roadless areas; (b) Controlled Surface following: stipulations are consistent with current Use (CSU) stipulations for certain—big 1. Silt, CO—Bureau of Land applicable laws and regulations; (3) game production areas, summer Management Colorado River Valley Enable the Forest Service and BLM to concentration areas, and migration Field Office, Silt Conference Room, respond to Expressions of Interest for oil corridors; big game winter ranges; road 2300 River Frontage Road, Silt, CO and gas leases representing the public’s density in watersheds with Colorado 81652. demand for energy, consistent with River cutthroat trout conservation For further information on this project statutory and regulatory direction; (4) populations; ground water resources; please visit http://www.fs.fed.us/r2/ Fulfill the federal government’s policy known and/or potential habitats for whiteriver/projects/. to ‘‘foster and encourage private For additional information, mail sensitive species; areas with potential enterprise in the development of correspondence to David Francomb, for geologic instability and/or slopes economically sound and stable Leasable Minerals Program Manager, 30% to 50%; areas with erodible soils; industries, and in the orderly and White River National Forest, 900 Grand authorized sites and facilities; economic development of domestic Ave., P.O. Box 948, Glenwood Springs, designated winter groomed routes under resources to help assure satisfaction of Colorado 81602. special use permit; moderate scenic industrial, security, and environmental integrity objective areas and scenic FOR FURTHER INFORMATION CONTACT: needs’’ (Mining and Minerals Policy Act byways; high concern level travel David Francomb, 970.945.3293. of 1970) while continuing to sustain the routes; communication sites; and plant SUPPLEMENTARY INFORMATION: land’s productivity for other uses and species of local concern; (c) Timing capability to support biodiversity goals Need for Action Limitations (TL) for certain—big game (Forest Service Minerals Program winter and summer concentration The White River National Forest Policy); and (5) Enable the BLM to fully ranges; and raptor species breeding (WRNF) issued its current oil and gas exercise its discretionary authority to territories; (4) Changing the 1993 leasing leasing availability decision in 1993 (Oil offer and issue leases on NFS lands decision to identify 1,159,796 acres as and Gas Leasing Final Environmental administered by the WRNF. Impact Statement and Record of closed for oil and gas leasing through Decision). Since 1993, information and Proposed Action management direction; (5) Changing the circumstances considered for that The Forest Service proposes to revise 1993 leasing decision to identify decision have changed, including the the existing 1993 Oil and Gas Leasing 857,512 acres as legally closed for oil WRNF issuance of a revised Land and availability decision for the White River and gas leasing; (6) Amending the 2002 Resource Management Plan (LRMP), National Forest (WRNF). The Proposed WRNF Forest Plan to incorporate the technological advances in oil and gas Action makes revisions to the new leasing decision. exploration and development that availability of NFS lands administered The proposed changes to the existing expand development potential of by the WRNF for oil and gas leasing and 1993 leasing decision brought forward previously uneconomic resources, and to the stipulations on lands available for in the Proposed Action will not affect increased level of projected oil and gas lease in the Analysis Area. Lease the terms of existing leases. Existing development activities on the WRNF. stipulations are proposed only on lands leases will remain in effect, with their Consequently, the Forest Supervisor of identified as available for lease. existing terms, until they are the WRNF has identified a need to: (1) The Proposed Action includes the terminated, relinquished, or cancelled. Revise the 1993 Oil and Gas Leasing following: (1) Addressing information Proposed land availability and lease

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stipulation changes will affect only Supervisor will decide which lands mile to the BLM Silt Office on the right, leases issued after the decision is administered by the WRNF will be after the Holiday Inn Express Hotel. implemented. The proposed changes administratively available for oil and Further information regarding this will apply to new leases on lands that gas leasing, which lands will be closed meeting will be posted on the WRNF are currently leased after existing leases for oil and gas leasing through Web site at http://www.fs.fed.us/r2/ have been terminated, relinquished, or management direction or legal reasons, whiteriver/projects as it becomes cancelled, and those lands are and what lease stipulations will be available. applied to future oil and gas leases for subsequently nominated for lease. Comment Requested the protection of other resources [36 Possible Alternatives CFR 228.102(c)]. Subsequent to the This Notice of Intent initiates the (1) No New Leasing—Under this Forest Supervisor’s decision, the scoping process that guides the alternative, no NFS lands administered Regional Forester will authorize the development of the WRNF Oil and Gas by the WRNF would be available in the BLM to offer specific lands for lease. Leasing Revision. Through the 1993 Oil future for oil and gas leasing. Operations When lands are nominated for leasing, and Gas Leasing EIS and decision and on existing leases would continue under the Forest Service will (1) Verify that Forest Plan efforts, the WRNF has an applicable lease terms, statutory and leasing the specific lands has been understanding of the broad range of regulatory direction, and Forest Plan adequately addressed in a NEPA perspectives on the resource issues and direction. Existing federal oil and gas document and is consistent with the social values attributed to resource leases on the WRNF that are not Forest Plan, and that no significant new activities on the WRNF. Consequently, extended by production would information or circumstances would site-specific comments or concerns are terminate at the conclusion of their require further environmental analysis; the most important types of information primary term, and those lands would (2) ensure that conditions of surface needed for this EIS. not be available for further leasing. occupancy are properly included as Send written comments to the address Implementation of this alternative stipulations in resulting leases; and (3) noted above under ADDRESSES. Send would require a Forest Plan amendment determine that operations and electronic comments to: WRNFoiland to identify lands as closed to oil and gas development could be allowed [email protected] with the leasing. somewhere on each proposed lease, subject clearly titled ‘‘WRNF Oil and (2) No Action (Current except where stipulations will prohibit Gas Leasing EIS’’. Comments must Management)—This alternative would all surface occupancy [36 CFR include the full name and physical continue oil and gas leasing on the 228.102(e)]. The BLM is responsible for mailing address of the commenter, and WRNF as directed by the RODs for the offering, selling, and issuing oil and gas should indicate whether the commenter White River National Forest Oil and Gas leases on NFS lands under the Mineral would like to be informed of the Leasing EIS (May 26, 1993) and the Leasing Act of 1920, as amended, and availability of the Oil and Gas Leasing Land and Resource Management Plan Federal Regulations at 43 CFR 3101.7. EIS. Submit faxed comments to 2002 Revision (April 2, 2002). The BLM State Director must decide 916.456.6724. whether to offer for lease specific lands Lead and Cooperating Agencies Early Notice of Importance of Public authorized for leasing by the WRNF, Participation in Subsequent The Forest Service is the lead agency. and must include Forest Service Environmental Review As the agency responsible for offering, stipulations on any leases offered on selling, and issuing leases, the BLM will NFS lands. A draft environmental impact participate as a cooperating agency statement will be prepared for comment. Scoping Process under a Memorandum of Understanding The comment period on the DEIS is (MOU). Additionally, the United States The first formal opportunity to expected to be 45 days from the date the Fish and Wildlife Service and the comment on the revised oil and gas Environmental Protection Agency Colorado Department of Natural leasing availability and stipulations publishes the notice of availability in Resources will participate as proposal is during the scoping process the Federal Register. The Forest Service cooperating agencies, under separate (40 CFR 1501.7), which begins with the believes, at this early stage, it is MOUs, to provide resource specific issuance of this Notice of Intent. The important to give reviewers notice of expertise when needed. Forest Service requests comments on several court rulings related to public the nature and scope of the participation in the environmental Responsible Official environmental, social, and economic review process. First, reviewers of draft The Forest Service responsible official issues, and possible alternatives related environmental impact statements must is Scott Fitzwilliams, Forest Supervisor, to oil and gas leasing on NFS lands structure their participation in the White River National Forest, 900 Grand administered by the WRNF. The Forest environmental review of the proposal so Avenue, P.O. Box 948, Glenwood Service will work with tribal that it is meaningful and alerts an Springs, Colorado 81602. governments to address issues that agency to the reviewer’s position and The BLM responsible official would significantly or uniquely affect contentions. Vermont Yankee Nuclear responsible is Jamie, C. Connell, District them. Power Corp. v. NRDC, 435 U.S. 519, 553 Manager, Northwest District Office, One open house meeting is planned. (1978). Also, environmental objections 2815 H Road, Grand Junction, Colorado The time the meeting will be held and that could be raised at the draft 81506. the address of the meeting location are environmental impact statement stage noted above under DATES and but that are not raised until after Nature of Decision To Be Made ADDRESSES. The meeting location at the completion of the final environmental The Forest Service will determine Bureau of Land Management Silt Office impact statement may be waived or whether and how the current oil and gas can be reached from the Silt exit (#97) dismissed by the courts. City of Angoon leasing decision, as it relates to land on Interstate 70. Exit onto 9th Street and v. Hodel, 803 F.2d 1016, 1022 (9th Cir. availability and lease stipulations, proceed over the interstate headed south 1986) and Wisconsin Heritages, Inc. v. should be changed based on current to the t-intersection. Take a left on River Harris, 490 F. Supp. 1334, 1338 (E.D. information and analysis. The Forest Frontage Road headed east for about 1 Wis. 1980). Because of these court

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rulings, it is very important that those effectiveness of the Nation’s food safety All documents related to the public interested in this proposed action system and the Agency’s current meeting will be available for public participate by the close of the scoping thinking on these issues. inspection in the FSIS Docket Room, comment period, 1 March 2010, so that DATES: The public meetings will be held USDA, FSIS, Room 2–2127, George substantive comments and objections on Wednesday, July 21, 2010, 9 a.m. to Washington Carver Center, 5601 are made available to the Forest Service 5 p.m. in Chicago, IL, and on October Sunnyside Avenue, Mailstop 5474, at a time when it can meaningfully 20, 2010, 9 a.m. to 5 p.m. in Portland, Beltsville, MD 20705–5474 between consider them and respond to them in OR. 8:30 a.m. and 4:30 p.m., Monday the final environmental impact Any changes to public meeting dates, through Friday, as soon as they become statement. To assist the Forest Service times, location, and agenda will be available. in identifying and considering issues posted on the FSIS Web site and FDA: Division of Dockets and concerns on the proposed action, announced in the Agency’s Constituent Management (HFA–305), Food and Drug comments should be as specific as Update. Administration, 5630 Fishers Lane, possible. For Registration Information Contact: Room 1061, Rockville, MD 20852. Comments received, including the Jodee Warner, EDJ Associates, Inc., SUPPLEMENTARY INFORMATION: All names and addresses of those who 11300 Rockville Pike, Suite 1001, stakeholders in the U.S. food safety comment, will be considered part of the Rockville, MD 20852, telephone: (240) system are pursuing major new efforts to public record on this proposal and will 221–4296, Fax: (301) 945–4295, e-mail: reduce foodborne illness that include be available for public inspection. [email protected]. science-based preventive controls in food production and processing. As Authority: 40 CFR 1501.7 and 1508.22; For general questions about the public Forest Service Handbook 1909.15, Section meeting, request to make an oral recommended by President Obama’s 21. presentation and submission of a Food Safety Working Group, one presentation, and for special element of the Federal Government’s Dated: June 24, 2010. accommodations due to a disability, food safety initiatives includes regularly Scott Fitzwilliams, contact: Juanita Yates, Center for Food assessing performance metrics for Forest Supervisor. Safety and Applied Nutrition, FDA, measuring progress in reducing [FR Doc. 2010–15871 Filed 6–29–10; 8:45 am] (301) 436–1731, e-mail: foodborne illness. FSIS, FDA, and CDC BILLING CODE 3410–11–P [email protected]. are collaborating to address the Due to limited space, we encourage methodological and data challenges all persons who wish to attend the involved in the development of feasible DEPARTMENT OF AGRICULTURE public meeting, including those and effective food safety performance requesting an opportunity to make an metrics. Food Safety and Inspection Service oral presentation at the public meeting, An initial 1-day public meeting on [Docket No. FSIS–2010–0019] to register in advance. measuring progress on food safety was We encourage attendees to register held on March 30, 2010, in Washington, Measuring Progress on Food Safety: electronically at http://www.fsis.usda. DC (75 FR 9232). The public meetings Current Status and Future Directions; gov/regulations_&_policies/2010_ announced in this notice are extensions Public Meeting Notices_Index/index.asp. You may also of that initial public workshop. A register by fax, e-mail or telephone by transcript of the initial public workshop AGENCY: Food Safety and Inspection providing information, including: held on March 30, 2010, is accessible at Service, USDA. Name, organization, address, telephone http://www.regulations.gov. It may be ACTION: Notice of public meeting. number and e-mail address to the viewed at the Division of Dockets Registration Contact (see For Management (HFA–305), Food and Drug SUMMARY: This notice is announcing Registration Information Contact). Administration, 5630 Fishers Lane, that the Food Safety and Inspection Room 1061, Rockville, MD 20852. Service (FSIS), the Food and Drug First Public Meeting I. Background Administration (FDA), and the Centers July 21, 2010, 9 a.m.–5 p.m., Hyatt for Disease Control and Prevention Regency Chicago, 151 East Wacker At our March 30, 2010, workshop, (CDC), are jointly hosting two public Drive, Chicago, IL 60601. FDA, FSIS, and CDC presented their meetings to obtain stakeholder input. Please note the following important current thinking on performance The first is on July 21, 2010, in Chicago, deadlines: metrics. The Agencies presented IL. The second will be held on October July 6, 2010: Request To Make Oral information on various epidemiological 20, 2010, in Portland, OR. The Agencies Presentation. and non-epidemiological measures for are requesting information from all July 13, 2010: Advance Registration. food safety. Workshop participants stakeholders, including the regulated July 13, 2010: Request Special recommended that the Agencies provide food industry, State regulators, and Accommodations Due to Disability. an opportunity for stakeholders to consumer groups, on appropriate provide more detail on their views metrics to be used to assess performance Second Public Meeting regarding metrics and on current in food safety. The Agencies are also October 20, 2010, 9 a.m.–5 p.m., The methods being used. Accordingly, the interested in input on stakeholders’ Crowne Plaza Portland Downtown, 1441 Agencies will hold two regional public understanding and perceptions of NE Second Avenue, Portland, OR meetings specifically to allow metrics currently being used by the 97232. stakeholders to make presentations on Federal Agencies. Although the Please note the following important metrics for food safety. The Agencies Agencies are primarily interested in deadlines: will also provide updated information obtaining stakeholder input, the September 24, 2010: Request To Make about their use of metrics to measure Agencies will present a limited amount Oral Presentation. food safety. of background on the Food Safety October 8, 2010: Advance Registration. The Agencies are interested in Working Group’s charge to create October 8, 2010: Request Special gathering information on metrics from meaningful metrics to measure the Accommodation Due to Disability. members of industry, consumer groups,

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and State and local regulators, and other status. (Not all prohibited bases apply to DEPARTMENT OF AGRICULTURE stakeholders. With respect to such all programs.) Persons with disabilities information, the Agencies anticipate who require alternative means for Forest Service that presenters will be able to address communication of program information Prince of Wales Resource Advisory issues such as whether industry (Braille, large print, or audiotape.) Committee members have metrics in place to assess should contact USDA’s Target Center at whether suppliers meet purchase 202–720–2600 (voice and TTY). AGENCY: Forest Service, USDA. specifications that address food safety. If ACTION: Notice of meeting. so, what data are used? Similarly, does To file a written complaint of the industry have metrics in place to discrimination, write USDA, Office of SUMMARY: The Prince of Wales Resource assess the safety of the finished the Assistant Secretary for Civil Rights, Advisory Committee will meet in Craig, products they produce? If so, what data 1400 Independence Avenue, SW., Alaska, August 3, 2010. The purpose of are used? Does the industry employ Washington, DC 20250–9410 or call this meeting is to discuss potential metrics to evaluate the effectiveness of 202–720–5964 (voice and TTY). USDA projects under the Secure Rural Schools their food safety systems? If so, what is an equal opportunity provider and and Community Self-Determination Act data are used? Has industry found some employer. of 2008. metrics that have been particularly Additional Public Notification DATES: The meeting will be held August effective in evaluating food safety? Are 3, 2010 from 10 a.m. to 4 p.m. there other metrics that industry has Public awareness of all segments of ADDRESSES: The meeting will be held at found to be inadequate for measuring rulemaking and policy development is the Craig Ranger District, 504 9th Street, food safety? Also, what metrics do important. Consequently, in an effort to Craig, Alaska. Send written comments consumer groups use to measure food ensure that minorities, women, and to Prince of Wales Resource Advisory safety? What metrics would they like to persons with disabilities are aware of Committee, c/o District Ranger, USDA use? What are the barriers to using these this notice, FSIS will announce it online Forest Service, PO Box 500, Craig, AK metrics? Have these groups found some through the FSIS Webpage located at 99921, or electronically to Rebecca to be effective and others to be http://www.fsis.usda.gov/regulations/ Sakraida, RAC Coordinator at inadequate? Do State or local regulators _ _ [email protected]. use metrics to measure the effectiveness 2010 Notices Index/. of their programs for achieving food FSIS will also make copies of this FOR FURTHER INFORMATION CONTACT: safety? Federal Register publication available Rebecca Sakraida, RAC Coordinator To provide some insight into the through the FSIS Constituent Update, Craig Ranger District, Tongass National current thinking of the Agencies, the which is used to provide information Forest, (907) 826–1601. Federal Agencies will share information regarding FSIS policies, procedures, SUPPLEMENTARY INFORMATION: The at the Chicago, IL, public meetings regulations, Federal Register notices, meeting is open to the public. about the shared list of metrics that was FSIS public meetings, and other types of Committee discussion is limited to developed by the three Federal Agencies information that could affect or would Forest Service staff and Committee to support the work of the White House be of interest to constituents and members. However, public input opportunity will be provided and Food Safety Working Group. The stakeholders. The Update is individuals will have the opportunity to Agencies will present an example of communicated via Listserv, a free how these metrics might be applied. address the Committee at that time. electronic mail subscription service for The example will focus on applying industry, trade groups, consumer Dated: June 16, 2010. these metrics to progress on Salmonella interest groups, health professionals, Gregory M. Killinger, Enteritidis as FDA implements the egg District Ranger. rule, FSIS implements broiler chicken and other individuals who have asked [FR Doc. 2010–15944 Filed 6–29–10; 8:45 am] controls, and CDC collects and analyzes to be included. The Update is also human disease data. available on the FSIS Webpage. Through BILLING CODE 3410–11–P The Agencies will finalize an agenda Listserv and the webpage, FSIS is able on or before the public meeting date and to provide information to a much DEPARTMENT OF AGRICULTURE post it on the FSIS Web page at: http:// broader and more diverse audience. In www.fsis.usda.gov/Regulations/ addition, FSIS offers an electronic mail Forest Service 2010_Notices_Index/index.asp. subscription service which provides automatic and customized access to II. Transcripts Lawrence County Resource Advisory selected food safety news and Committee When it becomes available, the information. This service is available at AGENCY: Forest Service, USDA. official transcript of the public meeting http://www.fsis.usda.gov/ will be kept in the FSIS Docket Room news_and_events/email_subscription/. ACTION: Notice of meeting. at the above address and will also be Options range from recalls to export SUMMARY: The Lawrence County posted on the Agency Web site, http:// information to regulations, directives www.fsis.usda.gov/Regulations/ Resource Advisory committee will meet and notices. Customers can add or 2010_Notices_Index/index.asp. in Spearfish, SD. The committee is All interested parties are welcome to delete subscriptions themselves, and meeting as authorized under the Secure attend the public meetings. have the option to password protect Rural Schools and Community Self- their accounts. Determination Act (Pub. L. 110–343) USDA Nondiscrimination Statement Done at Washington, DC, on: June 24, 2010. and in compliance with the Federal Advisory Committee Act. The purpose USDA prohibits discrimination in all Alfred V. Almanza, its programs and activities on the basis of the meeting is to review and vote on of race, color, national origin, gender, Administrator. project proposals. religion, age, disability, political beliefs, [FR Doc. 2010–15813 Filed 6–29–10; 8:45 am] DATES: The meeting will be held July 12, sexual orientation, and marital or family BILLING CODE 3410–DM–P 2010 at 5 p.m.

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ADDRESSES: The meeting will be held at parameters and timeframes for the first ACTION: Notice. the Northern Hills Ranger District Office round of projects and Public Comments. SUMMARY: This notice announces that at 2014 N. Main. Written comments DATES: The meeting will be held on July the U.S. Department of Agriculture should be sent to Rhonda O’Byrne, 2014 14, 2010, and will begin at 2 p.m. N. Main, Spearfish, SD 57783. (USDA) is soliciting nominations for ADDRESSES: The meeting will be held at membership on the National Advisory Comments may also be sent via e-mail the Bozeman Public Library, Large to [email protected], or via facsimile to Committee on Microbiological Criteria Meeting Room, 626 East Main, 605–642–4156. for Foods (NACMCF). This notice is Bozeman, MT. Written comments All comments, including names and being issued to fill eleven vacancies on addresses when provided, are placed in should be sent to Babete Anderson, the NACMCF that resulted because of a the record and are available for public Custer National Forest, 1310 Main change in the member term limit. inspection and copying. The public may Street, Billings, MT 59105. Comments Appointments to the NACMCF for two- inspect comments received at the may also be sent via e-mail to year terms will now be renewable for up Northern Hills Ranger District office. [email protected], or via facsimile to to two consecutive terms instead of Visitors are encouraged to call ahead at 406–657–6222. three consecutive terms. 605–642–4622 to facilitate entry into the All comments, including names and Please note that nominations that building. addresses when provided, are placed in were provided in response to the the record and are available for public previously issued Federal Register FOR FURTHER INFORMATION CONTACT: inspection and copying. The public may notice dated August 18, 2008 (73 FR Rhonda O’Byrne, District Ranger, inspect comments received at Custer 48191) will be considered for these Northern Hills Ranger District, 605– National Forest, 1310 Main Street, vacancies, so they do not need to be 642–4622. Individuals who use Billings, MT 59105. Visitors are resubmitted. NACMF is seeking members with telecommunication devices for the deaf encouraged to call ahead to 406–657– scientific expertise in the fields of (TDD) may call the Federal Information 6205 ext. 239. epidemiology, food technology, Relay Service (FIRS) at 1–800–877–8339 FOR FURTHER INFORMATION CONTACT: microbiology (food, clinical, and between 8 a.m. and 8 p.m., Eastern Babete Anderson, RAC coordinator, predictive), risk assessment, infectious Standard Time, Monday through Friday. USDA, Custer National Forest, 1310 Main Street, Billings, MT 59105; (406) disease, biostatistics, and other related SUPPLEMENTARY INFORMATION: The sciences. NACMF is seeking meeting is open to the public. The 657–6205 ext. 239; e-mail [email protected]. applications from persons from the following business will be conducted: Federal government, State governments, Review and vote on project proposals Individuals who use telecommunication devices for the deaf industry, consumer groups, and submitted to the committee for Title II academia, as well as all other interested funds and election of Committee (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 persons with such expertise. Chairperson. Persons who wish to bring Members who are not Federal related matters to the attention of the between 8 a.m. and 8 p.m., m.s.t., Monday through Friday. government employees will be Committee may file written statements appointed to serve as non-compensated SUPPLEMENTARY INFORMATION: with the Committee staff before or after The special government employees (SGEs). the meeting. Public input sessions will meeting is open to the public. The SGEs will be subject to appropriate be provided and individuals who made following business will be conducted: conflict of interest statutes and written requests by Friday, July 9, 2010 Determine parameters and timeframes standards of ethical conduct. will have the opportunity to address the for the first round of projects and Public USDA is also seeking nominations for Committee at those sessions. Comments. Persons who wish to bring one individual affiliated with a Dated: June 24, 2010. related matters to the attention of the consumer group to serve on the Committee may file written statements Dennis L. Jaeger, NACMCF. This member will serve as a with the Committee staff before or after Deputy Forest Supervisor. representative member to provide a the meeting. Public input sessions will consumer viewpoint. This member will [FR Doc. 2010–15870 Filed 6–29–10; 8:45 am] be provided and individuals who made BILLING CODE 3410–11–P not be required to have a scientific written request by July 6 will have the background and will not be subject to opportunity to address the Committee at conflict of interest review. those sessions. DEPARTMENT OF AGRICULTURE To receive consideration for serving Dated: June 21, 2010. on the NACMCF, a re´sume´ and USDA Forest Service Chris Worth, Advisory Committee Membership Deputy Forest Supervisor. Background Information form AD–755 Gallatin County Resource Advisory [FR Doc. 2010–15563 Filed 6–29–10; 8:45 am] are required. The nominee’s typed Committee; Meeting resume or curriculum vitae must be BILLING CODE 3410–11–M AGENCY: Forest Service, USDA. limited to five one-sided pages and should include educational background, ACTION: Notice of meeting. DEPARTMENT OF AGRICULTURE expertise, and a select list of SUMMARY: The Gallatin National Forest’s publications. For submissions received Gallatin County Resource Advisory Food Safety Inspection Service that are more than five one-sided pages Committee will meet in Bozeman, in length, only the first five pages will Montana. The committee is meeting as [Docket No. FSIS–2010–0001] be considered. authorized under the Secure Rural Nominations for Membership on the DATES: Nominations, including the Schools and Community Self- National Advisory Committee on nominee’s typed resume or curriculum Determination Act (Pub. L. 110–343) Microbiological Criteria for Foods vitae and a USDA Advisory Committee and in compliance with the Federal Membership Background Information Advisory Committee Act. The purpose AGENCY: Food Safety and Inspection form AD–755 must be received by June is of the meeting is to determine Service, USDA. 30, 2010. USDA Advisory Committee

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Membership Background Information Background approved by the full Committee during form AD–755 is available on-line at: The NACMCF was established in a public meeting of the full Committee, http://www.ocio.usda.gov/forms/doc/ March 1988, in response to a as announced in the Federal Register. AD–755.pdf. recommendation in a 1985 report of the All data and records available to the full Committee are expected to be available ADDRESSES: Resumes and AD–755 forms National Academy of Sciences to the public at the time the full can be sent by mail, fax, or e-mail to Ms. Committee on Food Protection, Committee reviews and approves the Karen Thomas-Sharp, Advisory Subcommittee on Microbiological Criteria, ‘‘An Evaluation of the Role of work of the subcommittee. Committee Specialist, USDA, Food Appointment to the Advisory Microbiological Criteria for Foods.’’ The Safety and Inspection Service, Room Committee is for a two-year term, current charter for the NACMCF and 333 Aerospace Center, 1400 renewable for up to two consecutive other information about the Committee Independence Avenue, SW., terms. Members are expected to attend Washington, DC 20250–3700, fax are available for viewing on the all meetings in person, as this is number: 202–690–6634, e-mail address: NACMCF homepage at http://frwebgate. necessary for the functioning of this [email protected]. access.gpo.gov/cgi-bin/leaving.cgi? advisory committee. However, the Please note, if using an overnight from=leavingFR.html&log=linklog&to= _ Advisory Committee realizes that courier, use this address: USDA, FSIS, http://www.fsis.usda.gov/About FSIS/ unexpected events or extenuating OPHS, Aerospace Center, 901 D Street, NACMCF/index.asp. circumstances (e.g., a personal or family SW., Room 378, Washington, DC 20024. The Committee provides scientific emergency) may result in a member’s The Food Safety and Inspection advice and recommendations to the inability to attend a meeting in-person Service (FSIS) invites interested persons Secretary of Agriculture and the and that attendance through to submit comments on this notice. Secretary of Health and Human Services teleconferencing may be necessary. Comments may be submitted by either concerning the development of Because attendance through of the following methods: microbiological criteria by which the teleconferencing has been a less than safety and wholesomeness of food can Federal eRulemaking Portal: This Web optimal means to contribute to the work be assessed. For example, the site provides the ability to type short of the committee, members should make Committee assists in the development of comments directly into the comment efforts to attend all meetings to the criteria for microorganisms that indicate field on this Web page or attach a file extent that this is possible. whether food has been processed using for lengthier comments. Go to http:// Members must be prepared to work good manufacturing practices. www.regulations.gov. Follow the online outside of scheduled Committee and Appointments to the Committee will instructions at that site for submitting subcommittee meetings and may be be made by the Secretary of Agriculture comments. required to assist in document after consultation with the Secretary of Mail, including floppy disks or CD– preparation. Committee members serve Health and Human Services to ensure on a voluntary basis; however, travel ROMs, and hand- or courier-delivered that recommendations made by the items: Send to Docket Clerk, USDA, reimbursement and per diem Committee take into account the needs reimbursement are available. FSIS, Room 2–2127, George Washington of the diverse groups served by the Carver Center, 5601 Sunnyside Avenue, Department. Regarding Nominees Who Are Selected Mailstop 5474, Beltsville, MD 20705– Membership shall include, to the All SGE and Federal government 5474. extent practicable, individuals with employee nominees who are selected Instructions: All items submitted by demonstrated ability to represent must complete the Office of Government mail or electronic mail must include the minorities, women, and persons with Ethics (OGE) 450 Confidential Financial Agency name and docket number FSIS– disabilities. Disclosure Report before rendering any 2010–0001. Comments received in Given the complexity of issues, the advice or prior to their first meeting. All response to this docket will be made full Committee expects to meet at least members will be reviewed for conflict of available for public inspection and once yearly, and the meetings will be interest pursuant to 18 U.S.C. 208 in posted without change, including any announced in the Federal Register. The relation to specific NACMCF work personal information, to http:// subcommittees will meet as deemed charges. Financial disclosure updates www.regulations.gov. necessary by the chairperson and will will be required annually. Members Docket: For access to background be held as working group meetings in an must report any changes in financial documents or to comments received, go open public forum. Intermittently, holdings requiring additional to the FSIS Docket Room at the address subcommittees may also meet through disclosure. OGE 450 forms are available listed above between 8:30 a.m. and 4:30 computer-based conferencing (net on-line at: http://www.usoge.gov/forms/ p.m., Monday through Friday. All meetings). Subcommittees may invite form_450.aspx. comments submitted in response to this technical experts to present information notice, as well as background for consideration by the subcommittee. Additional Public Notification information used by FSIS in developing The subcommittee meetings will not be Public awareness of all segments of this document, will be available for announced in the Federal Register. FSIS rulemaking and policy development is public inspection in the FSIS Docket will announce the agenda and important. Consequently, in an effort to Room at the address listed above subcommittee working group meetings ensure that minorities, women, and between 8:30 a.m. and 4:30 p.m., through the Constituent Update, persons with disabilities are aware of Monday through Friday. available on-line at http:// this notice, FSIS will announce it online www.fsis.usda.gov/news_&_events/ through the FSIS Web page located at FOR FURTHER INFORMATION CONTACT: Ms. Constituent_Update/index.asp. http://www.fsis.usda.gov/ Karen Thomas-Sharp, Advisory NACMCF holds subcommittee regulations_&_policies/ Committee Specialist, at the above working group meetings in order to 2010_Notices_Index/index.asp. address or by telephone at 202–690– accomplish the work of NACMCF; all FSIS will also make copies of this 6620 or by fax at 202–690–6634. work accomplished by the Federal Register publication available SUPPLEMENTARY INFORMATION: subcommittees is reviewed and through the FSIS Constituent Update,

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which is used to provide information organizations, and other interested online at http://www.whitehouse.gov/ regarding FSIS policies, procedures, parties. the-press-office/executive-order- regulations, Federal Register notices, DATES: Comments must be received by national-export-initiative. The FSIS public meetings, and other types of 11:59 p.m., July 26, 2010, to be Executive Order instructs the Export information that could affect or would considered. Comments should be no Promotion Cabinet, through the TPCC, be of interest to constituents and more than 25 pages single spaced. to provide a report to the President within 180 days on a comprehensive stakeholders. The Update is ADDRESSES: Submit comments by one of plan to carry out the goals of the NEI. communicated via Listserv, a free the following methods: • The TPCC, established by the electronic mail subscription service for • Online: To submit comments via Export Enhancement Act of 1992 (Pub. industry, trade groups, consumer http://www.regulations.gov, enter L. 102–429), is an interagency interest groups, health professionals, docket number 100624279–0279–01 in committee that coordinates the and other individuals who have asked the ‘‘Enter Keyword or ID’’ window at development of U.S. Government trade to be included. The Update is also the http://www.regulations.gov home promotion policies and programs. The available on the FSIS Web page. page and click ‘‘Search.’’ The site will TPCC is composed of representatives Through the Listserv and Web page, provide a search-results page listing all FSIS is able to provide information to a documents associated with this docket. from 20 Federal agencies. The Secretary much broader and more diverse Find a reference to this notice by of Commerce chairs the TPCC. Other audience. In addition, FSIS offers an selecting ‘‘Notices’’ under ‘‘Document agencies and offices represented are the electronic mail subscription service Type’’ on the search-results page, and Export-Import Bank, the Overseas which provides automatic and click on the link entitled ‘‘Submit a Private Investment Corporation, the U.S. customized access to selected food Comment.’’ (For further information on Trade and Development Agency, the safety news and information. This using the http://www.regulations.gov Small Business Administration, the service is available at http:// Web site, please consult the resources Departments of Agriculture, State, www.fsis.usda.gov/news_and_events/ provided on that Web site by clicking on Defense, Energy, Homeland Security, email_subscription/. Options range from the ‘‘Help’’ tab.) The http:// Interior, Labor, Transportation and the recalls to export information to www.regulations.gov Web site provides Treasury, the Office of the U.S. Trade regulations, directives and notices. the option of making submissions by Representative, the U.S. Agency for Customers can add or delete filling in a ‘‘General Comments’’ field, or International Development, the U.S. subscriptions themselves, and have the by attaching a document. We expect that Environmental Protection Agency, the option to password protect their most submissions will be provided in an Office of Management and Budget, the accounts. attached document. If a document is National Security Council, the National Economic Council, and the Council of Done at Washington, DC, on June 24, 2010. attached, it is sufficient to type ‘‘See attached’’ in the ‘‘General Comments’’ Economic Advisors. Alfred V. Almanza, • The NEI is President Obama’s Administrator. field. We strongly urge submitters to avail themselves of the electronic filing, initiative to improve conditions that [FR Doc. 2010–15812 Filed 6–29–10; 8:45 am] if at all possible. Persons wishing to directly affect the private sector’s ability BILLING CODE 3410–DM–P submit comments anonymously may do to export. The NEI will help meet the so by leaving the fields for name and Administration’s goal of doubling organization blank. exports over the next 5 years by working DEPARTMENT OF COMMERCE • Mail: Trade Promotion to remove trade barriers, by helping firms—especially small businesses— [Docket Number: 100624279–0279–01] Coordinating Committee, U.S. Department of Commerce, Room C102, overcome the hurdles to entering new RIN 0625–XA09 1401 Constitution Ave., NW., export markets, by assisting with Washington, DC 20230 Attn.: NEI financing, and in general by pursuing a Request for Public Comment To Inform Comments. government-wide approach to export Development of National Export To facilitate review and consideration advocacy abroad, among other steps. Initiative Plan of comments, the TPCC Secretariat will General information concerning the NEI and government programs that help AGENCY: International Trade share comments with other TPCC agencies. Comments will be made U.S. businesses export is available at Administration: Trade Promotion http://www.export.gov. Coordinating Committee. public and should not contain confidential or business sensitive ACTION: Notice and request for Public Comments information. information. The TPCC is seeking information from FOR FURTHER INFORMATION CONTACT: exporters, other private businesses, SUMMARY: President Obama launched Grace Hu, Trade Promotion trade associations, academia, labor the National Export Initiative (NEI) via Coordinating Committee, International organizations, non-governmental Executive Order 13534 in order to Trade Administration, U.S. Department organizations, and other interested achieve the goal of doubling U.S. of Commerce, +1 202–482–5455. parties regarding: exports of goods and services over five SUPPLEMENTARY INFORMATION: (1) Identification of Federal years to facilitate the creation of jobs in government programs or regulations that Background the United States. As part of the broad impede the ability of U.S. companies to Federal government effort to support the • On March 11, 2010, President export; NEI, the Administration, through the Obama issued Executive Order 13534 to (2) Effective foreign trade promotion interagency Trade Promotion enhance and coordinate Federal efforts programs and activities that could Coordinating Committee (TPCC), is to facilitate the creation of jobs in the inform U.S. Federal government seeking information from exporters, United States through the promotion of program development; other private businesses, trade exports, and to ensure the effective use (3) Identification of the most (or least) associations, academia, labor of Federal resources in support of these effective Federal government programs organizations, non-governmental goals. The Executive Order can be found that support U.S. exports, including

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specific experiences with such Federal DEPARTMENT OF COMMERCE to complete this review by July 13, government programs; 2010. Therefore, the Department is International Trade Administration (4) Steps that the Federal government extending the time limit for completion could take to improve its programs to [A–552–802] of the final results of this review by 17 support U.S. exports; and days, in accordance with section Frozen Warmwater Shrimp from the 751(a)(3)(A) of the Act. The final results (5) More generally, how the Federal Socialist Republic of Vietnam: Notice are now due no later than July 30, 2010. government could better help U.S. of Extension of Time Limit for the Final We are issuing and publishing this businesses export. Results of the 2008–2009 notice in accordance with sections In particular, we are seeking Administrative Review 751(a)(1) and 777(i)(1) of the Act. comments with respect to the following Dated: June 23, 2010. AGENCY: eight priority areas set forth by the Import Administration, International Trade Administration, John M. Andersen, President in Executive Order 13534: Department of Commerce. Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty (a) Exports by Small and Medium- EFFECTIVE DATE: June 30, 2010. Sized Enterprises (SMEs); Operations. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2010–15954 Filed 6–29–10; 8:45 am] (b) Federal Export Assistance; Susan Pulongbarit or Paul Walker, AD/ BILLING CODE 3510–DS–S (c) Trade Missions; CVD Operations, Office 9, Import (d) Commercial Advocacy; Administration, International Trade Administration, U.S. Department of DEPARTMENT OF COMMERCE (e) Increasing Export Credit; Commerce, 14th Street and Constitution (f) Macroeconomic Rebalancing; Avenue, NW, Washington, DC 20230; International Trade Administration (g) Reducing Barriers to Trade; and telephone (202) 482–4031 or (202) 482– [A–552–802] 0413, respectively. (h) Export Promotion of Services. SUPPLEMENTARY INFORMATION: Frozen Warmwater Shrimp From In responding, please indicate your Vietnam: Initiation and Preliminary experience with exporting and the type Background Results of Changed-Circumstances of organization you are affiliated with, On March 15, 2010, the Department of Review if any, i.e., small business, large Commerce (‘‘Department’’) published in AGENCY: Import Administration, company, trade association, academia, the Federal Register the preliminary International Trade Administration, labor organization, or other non- results of the 2008 2009 administrative Commerce. governmental organization. For review of the antidumping duty order SUMMARY: In response to a petition for on frozen warmwater shrimp from the organizations submitting comments to a changed-circumstances review of Socialist Republic of Vietnam the Federal Register (FR) notice on the Phuong Nam Co., Ltd., and Phuong Nam (‘‘Vietnam’’) covering the period TPCC Renewable Energy and Energy Foodstuff Corp., the Department of February 1, 2008, through January 31, Efficiency Export Strategy to Support Commerce (the ‘‘Department’’) is 2009. See Certain Frozen Warmwater the NEI (FR Doc. 2010–12982), initiating a changed-circumstances Shrimp from the Socialist Republic of comments received in response to that review of the antidumping duty order Vietnam: Preliminary Results, Partial notice will be considered and do not on frozen warmwater shrimp from the Rescission, and Request for Revocation, need to be resubmitted. The information Socialist Republic of Vietnam in Part, of the Fourth Administrative received will help the Administration (‘‘Vietnam’’). We have preliminarily Review, 75 FR 12206 (March 15, 2010). develop the NEI plan called for by the concluded that Phuong Nam Foodstuff The final results are currently due no Corp. is the successor-in-interest to President in Executive Order 13534. later than July 13, 2010. With regard to the priority area Phuong Nam Co., Ltd., and, as a result, involving ‘‘Reducing Barriers to Trade,’’ Extension of the Time for the Final should be accorded the same treatment the Administration will take into Results previously accorded to Phuong Nam account public comments previously Section 751(a)(3)(A) of the Tariff Act Co., Ltd., with regard to the received by the Office of the U.S. Trade of 1930, as amended (‘‘Act’’), requires antidumping duty order on frozen Representative with regard to the that the Department issue the final warmwater shrimp from Vietnam. development and implementation of results of an administrative review Interested parties are invited to U.S. trade policy. See FR notices at within 120 days after the date on which comment on these preliminary results. http://www.ustr.gov/federal-register- the preliminary results are published. If DATES: Effective Date: June 30, 2010. notices and http://www.regulations.gov it is not practicable to complete the FOR FURTHER INFORMATION CONTACT: Scot for a complete enumeration of those review within that time period, section Fullerton at (202) 482–1386 or Steven notices and comments received. 751(a)(3)(A) of the Act allows the Hampton at (202) 482–0116, AD/CVD Department to extend the deadline for Operations, Office 9, Import Dated: June 24, 2010. the final results to a maximum of 180 Administration, International Trade Joe Hurd, days after the date on which the Administration, U.S. Department of Senior Director, Trade Promotion preliminary results are published. Commerce, 14th Street and Constitution Coordinating Committee, U.S. Department of The Department requires additional Avenue, NW., Washington, DC 20230. Commerce. time in order to consider the new SUPPLEMENTARY INFORMATION: [FR Doc. 2010–15934 Filed 6–29–10; 8:45 am] surrogate values placed on the record Background BILLING CODE 3510–FP–P after the preliminary results and to provide interested parties an The Department published the opportunity to comment on the antidumping duty order on certain Department’s surrogate wage rate frozen warmwater shrimp from Vietnam methodology. Thus, it is not practicable on February 1, 2005. See Notice of

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Amended Final Determination of Sales shrimp (Penaeus stylirostris), western Department will conduct a changed- at Less Than Fair Value and white shrimp (Penaeus occidentalis), circumstances review upon receipt of Antidumping Duty Order: Certain and Indian white prawn (Penaeus information concerning, or a request Frozen Warmwater Shrimp From the indicus). from an interested party for a review of, Socialist Republic of Vietnam, 70 FR Frozen shrimp and prawns that are an antidumping duty order which 5152 (February 1, 2005) (‘‘VN Shrimp packed with marinade, spices, or sauce shows changed circumstances sufficient Order’’). Phuong Nam Co., Ltd., and are included in the scope of this order. to warrant a review of the order. The Phuong Nam Foodstuff Corp. In addition, food preparations, which information submitted by Phuong Nam (collectively ‘‘Phuong Nam’’) are not ‘‘prepared meals,’’ that contain supporting its claim that Phuong Nam participated in the third and fourth more than 20 percent by weight of Foodstuff Corp. is the successor-in- administrative reviews of the VN shrimp or prawn are also included in interest to Phuong Nam Co., Ltd., Shrimp Order and requested an the scope of this order. demonstrates changed circumstances administrative review, and subsequent Excluded from the scope are: (1) sufficient to warrant such a review. See revocation, for the fifth administrative Breaded shrimp and prawns (HTS 19 CFR 351.216(d). review. On May 14, 2010, Phuong Nam subheading 1605.20.10.20); (2) shrimp In accordance with the above- informed the Department that Phuong and prawns generally classified in the referenced regulation, the Department is Nam Co., Ltd., had changed its name to Pandalidae family and commonly initiating a changed-circumstances Phuong Nam Foodstuff Corp. and referred to as coldwater shrimp, in any review to determine whether Phuong petitioned the Department to conduct a state of processing; (3) fresh shrimp and Nam Foodstuff Corp. is the successor-in- changed-circumstances review to prawns whether shell-on or peeled (HTS interest to Phuong Nam Co., Ltd. In confirm that Phuong Nam Foodstuff subheadings 0306.23.00.20 and determining whether one company is Corp. is the successor-in-interest to 0306.23.00.40); (4) shrimp and prawns the successor-in-interest to another, the Phuong Nam Co., Ltd., for purposes of in prepared meals (HTS subheading Department examines a number of determining antidumping duties due as 1605.20.05.10); (5) dried shrimp and factors including, but not limited to, a result of the VN Shrimp Order.1 prawns; (6) canned warmwater shrimp changes in management, production and prawns (HTS subheading facilities, supplier relationships, and Scope of the Order 1605.20.10.40); (7) certain dusted customer base. See Industrial The scope of this order includes shrimp; and (8) certain battered shrimp. Phosphoric Acid From Israel: Final certain frozen warmwater shrimp and Dusted shrimp is a shrimp-based Results of Antidumping Duty Changed prawns, whether wild-caught (ocean product: (1) That is produced from fresh Circumstances Review, 59 FR 6944 harvested) or farm-raised (produced by (or thawed-from-frozen) and peeled (February 14, 1994). Although no single aquaculture), head-on or head-off, shell- shrimp; (2) to which a ‘‘dusting’’ layer of factor will necessarily provide a on or peeled, tail-on or tail-off,2 rice or wheat flour of at least 95 percent dispositive indication of succession, deveined or not deveined, cooked or purity has been applied; (3) with the generally, the Department will consider raw, or otherwise processed in frozen entire surface of the shrimp flesh one company to be a successor-in- form. thoroughly and evenly coated with the interest to another company if its The frozen warmwater shrimp and flour; (4) with the non-shrimp content of resulting operation is similar to that of prawn products included in the scope of the end product constituting between its predecessor. See Brass Sheet and this order, regardless of definitions in four and 10 percent of the product’s Strip from Canada; Notice of Final the Harmonized Tariff Schedule of the total weight after being dusted, but prior Results of Antidumping Duty United States (HTSUS), are products to being frozen; and (5) that is subjected Administrative Review, 57 FR 20460 which are processed from warmwater to IQF freezing immediately after (May 13, 1992). Thus, if the evidence shrimp and prawns through freezing application of the dusting layer. demonstrates that, with respect to the and which are sold in any count size. Battered shrimp is a shrimp-based production and sale of the subject The products described above may be product that, when dusted in merchandise, the new company processed from any species of accordance with the definition of operates as the same business entity as warmwater shrimp and prawns. dusting above, is coated with a wet the prior company, the Department will Warmwater shrimp and prawns are viscous layer containing egg and/or assign the new company the cash- generally classified in, but are not milk, and pan-fried. deposit rate of its predecessor. Id.; limited to, the Penaeidae family. Some The products covered by this order Notice of Final Results of Changed examples of the farmed and wild-caught are currently classified under the Circumstances Antidumping warmwater species include, but are not following HTSUS subheadings: Administrative Review: Polychloroprene limited to, whiteleg shrimp (Penaeus 0306.13.00.03, 0306.13.00.06, Rubber from Japan, 67 FR 58 (January vannemei), banana prawn (Penaeus 0306.13.00.09, 0306.13.00.12, 2, 2002); see also Circular Welded Non- merguiensis), fleshy prawn (Penaeus 0306.13.00.15, 0306.13.00.18, Alloy Steel Pipe from Korea; Final chinensis), giant river prawn 0306.13.00.21, 0306.13.00.24, Results of Antidumping Duty Changed (Macrobrachium rosenbergii), giant tiger 0306.13.00.27, 0306.13.00.40, Circumstances Review, 63 FR 20572 prawn (Penaeus monodon), redspotted 1605.20.10.10, and 1605.20.10.30. These (April 27, 1998), (where the Department shrimp (Penaeus brasiliensis), southern HTSUS subheadings are provided for found successorship where the brown shrimp (Penaeus subtilis), convenience and for customs purposes company only changed its name and did southern pink shrimp (Penaeus only and are not dispositive, but rather not change its operations). notialis), southern rough shrimp the written description of the scope of In its May 14, 2010, submission, (Trachypenaeus curvirostris), southern this order is dispositive. Phuong Nam provided information to white shrimp (Penaeus schmitti), blue demonstrate that Phuong Nam Foodstuff Initiation of Changed-Circumstances Corp. is the successor-in-interest to 1 Phuong Nam claims that this name change was Review Phuong Nam Co., Ltd. With respect to required to achieve the company’s goal of listing the company on the Ho Chi Minh City Stock Exchange. Pursuant to section 751(b)(1) of the management prior to and following the 2 ‘‘Tails’’ in this context means the tail fan, which Tariff Act of 1930, as amended (the name change, the submission indicates includes the telson and the uropods. ‘‘Act’’), and 19 CFR 351.216, the that four senior managers from Phuong

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Nam Co., Ltd., have retained their to Phuong Nam Co., Ltd’s, cash-deposit DEPARTMENT OF COMMERCE management positions. These four rate with respect to entries of subject individuals were also on the company’s merchandise. International Trade Administration board of directors before and after the Should our final results remain the change in name. Since the change in Initiation of Antidumping and same as these preliminary results, corporate status, Phuong Nam has Countervailing Duty Administrative effective the date of publication of the eliminated two positions, Vice Director Reviews and Requests for Revocation of Personnel and Vice Director of final results, we will instruct U.S. in Part Customs and Border Protection to assign Engineering, in order to streamline the AGENCY: entries of merchandise produced or Import Administration, corporation. International Trade Administration, exported by Phuong Nam Foodstuff In addition, the submission indicates Department of Commerce. that the production facilities for Phuong Corp. the antidumping duty cash- SUMMARY: The Department of Commerce deposit rate applicable to Phuong Nam Nam Co., Ltd., and Phuong Nam (‘‘the Department’’) has received requests Co., Ltd. Foodstuff Corp. are identical. Following to conduct administrative reviews of the name change, Phuong Nam Public Comment various antidumping and countervailing Foodstuff Corp. retained the same duty orders and findings with May address and assets as Phuong Nam Co., Any interested party may request a anniversary dates. In accordance with Ltd. See Attachment 4 of Phuong Nam’s hearing within 14 days of publication of the Department’s regulations, we are May 14, 2010, submission. this notice. See 19 CFR 351.310(c). Any initiating those administrative reviews. Attachment 5 of Phuong Nam’s hearing, if requested, will be held 28 The Department also received requests submission identifies entities that to revoke one antidumping duty order supplied packaging material and shrimp days after the date of publication of this and one countervailing duty order in to the company before and after its notice or the first working day part. transformation from a limited liability thereafter. Interested parties may submit company to a joint-stock company. A case briefs and/or written comments no DATES: Effective Date: June 30, 2010. significant number of suppliers for the later than 14 days after the date of FOR FURTHER INFORMATION CONTACT: joint-stock company are identical to publication of this notice. Rebuttal Sheila E. Forbes, Office of AD/CVD suppliers of the limited liability briefs and rebuttals to written Operations, Customs Unit, Import company. comments, which must be limited to Administration, International Trade Futher, Phuong Nam addressed issues raised in such briefs or Administration, U.S. Department of changes to its customer base in comments, may be filed not later than Commerce, 14th Street and Constitution Attachment 6 of its submission. This 21 days after the date of publication of Avenue, NW., Washington, DC 20230, attachment contains two lists that this notice. Parties who submit case telephone: (202) 482–4697. identify the names and addresses of the briefs or rebuttal briefs in this changed- SUPPLEMENTARY INFORMATION: company’s customers before and after circumstances review are requested to Background its transformation. There are numerous submit with each argument (1) a customers that appear on both lists, but statement of the issue and (2) a brief The Department has received timely the lists are not identical. Phuong Nam summary of the argument with an requests, in accordance with 19 CFR claims that changes in its customer base 351.213(b), for administrative reviews of electronic version included. Consistent are due to the nature of competition in various antidumping and countervailing with 19 CFR 351.216(e), we will issue the seafood industry, where customers duty orders and findings with May are periodically gained and lost. the final results of this changed- anniversary dates. The Department also Given the few changes noted above, circumstances review no later than 270 received requests to revoke in part the we have preliminarily determined that days after the date on which this review antidumping duty order on Ball no major changes have occurred with was initiated or within 45 days of Bearings and Parts Thereof from Japan respect to Phuong Nam’s management, publication of these preliminary results for two exporters and the countervailing production facilities, suppliers, or if all parties agree to our preliminary duty order on Stainless Steel Plate in customer base as a result of its name finding. Coils from Belgium for one exporter. change to Phuong Nam Foodstuff Corp. We are issuing and publishing this Notice of No Sales When it concludes that expedited initiation and preliminary results notice action is warranted, the Department in accordance with sections 751(b)(1) Under 19 CFR 351.213(d)(3), the may publish the notice of initiation and Department may rescind a review where and 777(i)(1) of the Act and 19 CFR preliminary results for a changed- there are no exports, sales, or entries of 351.216 and 351.221(c)(3). circumstances review concurrently. See subject merchandise during the 19 CFR 351.221(c)(3)(ii). See also Dated: June 24, 2010. respective period of review (‘‘POR’’) Initiation and Preliminary Results of Ronald K. Lorentzen, listed below. If a producer or exporter Antidumping Duty Changed Deputy Assistant Secretary for Import named in this initiation notice had no Circumstances Review: Canned Administration. exports, sales, or entries during the Pineapple Fruit from Thailand; 69 FR [FR Doc. 2010–15925 Filed 6–29–10; 8:45 am] POR, it must notify the Department 30878 (June 1, 2004). We have within 60 days of publication of this BILLING CODE 3510–DS–P determined that expedition of this notice in the Federal Register. The changed-circumstances review is Department will consider rescinding the warranted because we have the review only if the producer or exporter, information necessary to make a as appropriate, submits a properly filed preliminary finding already on the and timely statement certifying that it record. In this case, we preliminarily had no exports, sales, or entries of find that Phuong Nam Foodstuff Corp. subject merchandise during the POR. is the successor-in-interest to Phuong All submissions must be made in Nam Co., Ltd., and, as such, is entitled accordance with 19 CFR 351.303 and

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are subject to verification in accordance merchandise under a test arising from Separate Rate Application to with section 782(i) of the Tariff Act of the Final Determination of Sales at Less demonstrate eligibility for a separate 1930, as amended (‘‘the Act’’). Six copies Than Fair Value: Sparklers from the rate in this proceeding. In addition, of the submission should be submitted People’s Republic of China, 56 FR 20588 companies that received a separate rate to the Assistant Secretary for Import (May 6, 1991), as amplified by Final in a completed segment of the Administration, International Trade Determination of Sales at Less Than proceeding that have subsequently Administration, Room 1870, U.S. Fair Value: Silicon Carbide from the made changes, including, but not Department of Commerce, 14th Street People’s Republic of China, 59 FR 22585 limited to, changes to corporate and Constitution Avenue, NW., (May 2, 1994). In accordance with the structure, acquisitions of new Washington, DC 20230. Further, in separate-rates criteria, the Department companies or facilities, or changes to accordance with 19 CFR 351.303(f)(1)(i), assigns separate rates to companies in their official company name,2 should a copy of each request must be served NME cases only if respondents can timely file a Separate Rate Application on every party on the Department’s demonstrate the absence of both de jure to demonstrate eligibility for a separate service list. and de facto government control over rate in this proceeding. The Separate export activities. Respondent Selection Rate Application will be available on All firms listed below that wish to the Department’s Web site at http:// In the event the Department limits the qualify for separate-rate status in the www.trade.gov/ia on the date of number of respondents for individual administrative reviews involving NME publication of this Federal Register examination for administrative reviews, countries must complete, as notice. In responding to the Separate the Department intends to select appropriate, either a separate-rate Rate Application, refer to the respondents based on U.S. Customs and application or certification, as described instructions contained in the Border Protection (‘‘CBP’’) data for U.S. below. For these administrative reviews, application. Separate Rate Applications imports during the POR. We intend to in order to demonstrate separate-rate are due to the Department no later than release the CBP data under eligibility, the Department requires 60 calendar days of publication of this Administrative Protective Order entities for whom a review was Federal Register notice. The deadline ‘‘ ’’ ( APO ) to all parties having an APO requested, that were assigned a separate and requirement for submitting a within five days of publication of this rate in the most recent segment of this Separate Rate Application applies initiation notice and to make our proceeding in which they participated, equally to NME-owned firms, wholly decision regarding respondent selection to certify that they continue to meet the foreign-owned firms, and foreign sellers within 20 days of publication of this criteria for obtaining a separate rate. The that purchase and export subject Federal Register notice. The Separate Rate Certification form will be merchandise to the United States. Department invites comments regarding available on the Department’s Web site the CBP data and respondent selection at http://www.trade.gov/ia on the date of For exporters and producers who within 10 calendar days of publication publication of this Federal Register submit a separate-rate status application of this Federal Register notice. notice. In responding to the or certification and subsequently are selected as mandatory respondents, Separate Rates certification, please follow the ‘‘Instructions for Filing the Certification’’ these exporters and producers will no In proceedings involving non-market in the Separate Rate Certification. longer be eligible for separate rate status economy (‘‘NME’’) countries, the Separate Rate Certifications are due to unless they respond to all parts of the Department begins with a rebuttable the Department no later than 60 questionnaire as mandatory presumption that all companies within calendar days after publication of this respondents. the country are subject to government Federal Register notice. The deadline Initiation of Reviews control and, thus, should be assigned a and requirement for submitting a single antidumping duty deposit rate. It Certification applies equally to NME- In accordance with 19 CFR is the Department’s policy to assign all owned firms, wholly foreign-owned 351.221(c)(1)(i), we are initiating exporters of merchandise subject to an firms, and foreign sellers who purchase administrative reviews of the following administrative review in an NME and export subject merchandise to the antidumping and countervailing duty country this single rate unless an United States. orders and findings. We intend to issue exporter can demonstrate that it is Entities that currently do not have a the final results of these reviews not sufficiently independent so as to be separate rate from a completed segment later than May 31, 2011. entitled to a separate rate. of the proceeding 1 should timely file a To establish whether a firm is separate rate in the most recently complete segment sufficiently independent from 1 Such entities include entities that have not of the proceeding in which they participated. government control of its export participated in the proceeding, entities that were 2 Only changes to the official company name, activities to be entitled to a separate preliminarily granted a separate rate in any rather than trade names, need to be addressed via currently incomplete segment of the proceeding a Separate Rate Application. Information regarding rate, the Department analyzes each (e.g., an ongoing administrative review, new new trade names may be submitted via a Separate entity exporting the subject shipper review, etc.) and entities that lost their Rate Certification.

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Period to be reviewed

Antidumping Duty Proceedings Belgium: Stainless Steel Plate in Coils, A–423–808 ...... 5/1/09–4/30/10 ArcelorMittal Stainless Belgium N.V. Canada: Citric Acid and Certain Citrate Salts, A–122–853 ...... 11/20/08–5/19/09 Jungbunzlauer Canada Inc...... 5/29/09–4/30/10 France: Ball Bearings and Parts Thereof, A–427–201 ...... 5/1/09–4/30/10 Alcatel Vacuum Technology Audi AG AVIAC Avio (formerly known as FiatAvio) Bosch Rexroth SAS Caterpillar Group Services S.A. Caterpillar Materials Routiers S.A.S. Caterpillar S.A.R.L. Dassault Aviation Edwards Ltd. and Edwards High Vacuum Int’l Ltd. Eurocopter SAS Groupe Intertechnique Kongskilde Limited Microturbo SAS Perkins Engines Company Limited Pratt & Whitney Ringball Corporation SKF France, S.A./SKF Aerospace France S.A.S. SNECMA SNR Roulements S.A./SNR Europe Technofan Turbomeca S.A. Volkswagen AG Volkswagen Zubehor GmbH Germany: Ball Bearings and Parts Thereof, A–428–201 ...... 5/1/09–4/30/10 Audi AG Avio (formerly known as FiatAvio) BAUER Maschinen GmbH Bosch Rexroth AG BSH Bosch und Siemens Hausgerate GmbH Caterpillar S.A.R.L. Cerobear GmbH Edwards Ltd. and Edwards High Vacuum Int’l Ltd. Fitchel & Sachs AG Heidelberger Druckmaschinen AG Kongskilde Limited myonic GmbH Neuweg Fertigung GmbH Pratt & Whitney Ringball Corporation Robert Bosch GmbH Robert Bosch GmbH Power Tools and Hagglunds Drives RWG Frankenjura-Industrie Flugwerklager GmbH Schaeffler KG Schaeffler Technologies GmbH SKF GmbH SNR Walzlager GmbH The Schaeffler Group Volkswagen AG Volkswagen Zubehor GmbH W&H Dentalwerk Burmoos GmbH India: Certain Welded Carbon Steel Standard Pipes and Tubes, A–533–502 ...... 5/1/09–4/30/10 Lloyds Group and all affiliates Lloyds Metals & Engineers Ltd. Lloyds Steel Industries Ltd. Ushdev International Ltd. Italy: Ball Bearings and Parts Thereof, A–475–201 ...... 5/1/09–4/30/10 Audi AG Avio, S.p.A. (formerly known as FiatAvio) Bosch Rexroth S.p.A. Caterpillar Overseas S.A.R.L. Caterpillar of Australia Pty. Ltd. Caterpillar Group Services S.A. Caterpillar Mexico, S.A. de C.V. Caterpillar Americas C.V. Eurocopter Hagglunds Drives S.r.l.

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Period to be reviewed

Kongskilde Limited Meter S.p.A. Perkins Engines Company Ltd. Ringball Corporation The Schaeffler Group Schaeffler Italia s.r.l, and WPB Water Pump Bearing GmbH & Co. KG SKF Industrie S.p.A., and Somecat S.p.A. SKF RIV–SKF Officine di Villar Perosa S.p.A. SNECMA Volkswagen AG Volkswagen Zubehor GmbH Japan: Ball Bearings and Parts Thereof, A–588–201 ...... 5/1/09–4/30/10 Asahi Seiko Co., Ltd. Aisin Seiki Co. Ltd. Audi AG Avio (formerly known as Fiat Avio) Bosch Corporation Bosch Packaging Technology K.K. Bosch Rexroth Corporation Canon Inc. Caterpillar Japan Ltd. Caterpillar Overseas S.A.R.L. Caterpillar Group Services S.A. Caterpillar Brazil Ltd. Caterpillar Africa Pty. Ltd. Caterpillar of Australia Pty. Ltd. Caterpillar S.A.R.L. Caterpillar Americas Mexico, S. de R.L. de C.V. Caterpillar Logistics Services China Ltd. Caterpillar Mexico, S.A. de C.V. Fukuyama Shoji Co., Ltd. Hagglunds Ltd. Hino Motors Ltd. IKO Nippon Thompson Co., Ltd. (formerly known as Nippon Thompson Co., Ltd.) Inoue Jukuuke Kogyo Co., Ltd. Izumoto Seiko Co., Ltd. JTEKT Corporation (formerly known as Koyo Seiko Co., Ltd.) Kongskilde Limited Makino Milling Machine Company Mazda Motor Corporation Mori Seiki Co., Ltd. Nachi-Fujikoshi Corporation Nankai Seiko Co., Ltd. Nippon Pillow Block Co., Ltd. Nippon Pillow Block Sales Co. Nissan Motor Company, Ltd. NSK Ltd. NTN Corporation NTN Kongo Corporation Osaka Pump Co., Ltd. Perkins Engines Company Limited Sapporo Precision, Inc., and Tokyo Precision, Inc. Takeshita Seiko Co., Ltd. Tsubakimoto Precision Products Co., Ltd. Univance Corp. Volkswagen AG Volkswagen Zubehor GmbH Yamazaki Mazak Trading Corporation Republic of Korea: Certain Polyester Staple Fiber, A–580–839 ...... 5/1/09–4/30/10 Huvis Corporation Woongjin Chemical Company, Ltd. Taiwan: Certain Circular Welded Carbon Steel Pipes and Tubes, A–583–008 ...... 5/1/09–4/30/10 Yieh Phui Enterprise Co., Ltd. Yieh Hsing Enterprise Co., Ltd. Taiwan: Polyester Staple Fiber, A–583–833 ...... 5/1/09–4/30/10 Far Eastern Textiles Ltd. (aka & dba Far Eastern New Century Corporation) Nan Ya Plastics Corporation The People’s Republic of China: Citric Acid and Certain Citrate Salts 3, A–570–937 ...... 11/20/08–5/19/09 Anhui BBCA Biochemical Co., Ltd. 5/29/09–4/30/10 Anhui BBCA International Co., Ltd. Anhui Worldbest Bio-Pharmaceutical Co., Ltd. Laiwu Taihe Biochemistry Co., Ltd. Pioneers Pharmavet S.L.

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Period to be reviewed

RZBC Co., Ltd./RZBC Imp. & Exp. Co., Ltd./RZBC (Juxian) Co., Ltd. Shanghai Worldbest Group Company Shanghai Worldbest Co., Ltd. Shanghai Worldbest Anhui Thai Worldbest Biochemical Co., Ltd. Worldbest Biochemicals (Thailand) Co., Ltd. Yixing Union Biochemical Co., Ltd. The People’s Republic of China: Pure Magnesium 4, A–570–832 ...... 5/1/09–4/30/10 Tianjin Magnesium International, Ltd. Certain Activated Carbon,567 A–570–904 4/1/09–3/31/10 Datong Kangda Activated Carbon Factory Datong Runmei Activated Carbon Factory Fangyuan Carbonization Co., Ltd. Xingtai Coal Chemical Co., Ltd. Yuyang Activated Carbon Co., Ltd. Turkey: Certain Welded Carbon Steel Pipe and Tube, A–489–501 ...... 5/1/09–4/30/10 Borusan Group Borusan Mannesmann Boru Sanayi ve Ticaret A.S. Borusan Birlesik Boru Fabrikalari San ve Tic. Borusan Istikbal Ticaret T.A.S. Boruson Holding A.S. Boruson Gemlik Boru Tesisleri A.S. Borusan Ihracat Ithalat ve Dagitim A.S. Borusan Ithicat ve Dagitim A.S. Tubeco Pipe and Steel Corporation Toscelik Profil ve Sac Endustrisi A.S. Toscelik Metal Ticaret A.S. Tosyali Dis Ticaret A.S. Light-Walled Rectangular Pipe and Tube, A–489–815 5/1/09–4/30/10 Noksel Celik Boru Sanayi A.S. United Kingdom: Ball Bearings and Parts Thereof, A–412–201 ...... 5/1/09–4/30/10 Alcatel Vacuum Technology Bosch Rexroth Limited Caterpillar S.A.R.L. Caterpillar Group Services S.A. Caterpillar of Australia Pty Ltd. Caterpillar Overseas S.A.R.L. Caterpillar Marine Power UK The Schaeffler Group The Barden Corporation (U.K.) Limited and Schaeffler (U.K.) Limited NSK Bearings Europe Ltd. Perkins Engines Company Ltd. Pratt & Whitney Rolls-Royce PLC SKF (U.K.) Limited SKF Aeroengine Bearings U.K. (formerly known as SNFA UK) SNR UK Countervailing Duty Proceedings Belgium: Stainless Steel Plate in Coils, C–423–809 ...... 1/1/09—12/31/09 ArcelorMittal Stainless Belgium N.V. The People’s Republic of China: Citric Acid and Certain Citrate Salts, C–570–938 ...... 9/19/08–12/31/09 A.H.A. International Co., Ltd. Changsha Huari Bio Pharmaceutical Co., Ltd. Changsha Huayang Chemical Co., Ltd. China North Industry Guangzhou Corporation Feiyu Fine Chemical Gansu Xuejing Biochemical Co., Ltd. Great Vision International Hai Hui Group Co., Ltd. High Hope International Group Jiangsu Native Produce Import & Export Co., Ltd. Huangshi Xinghua Biochemical Co., Ltd. Hunan Dongting Citric Acid Chemicals Co., Ltd. Hunan Yinhai Petrochemicals Group Co., Ltd. Jiali Bio Group (Qingdao) Limited Jiangsu Gadot Nuobei Biochemical Jiangsu Nuobei Biochemical Co., Ltd. Juxian Hongde Citric Acid Co., Ltd. Kelong International Co., Ltd. Laiwu Taihe Biochemistry Co. Ltd. Lianyungang Best Biochemical Technology Co. Ltd. Lianyungang Famous Chemical, Ltd. Lianyungang JF International Trade Co., Ltd. Lianyungang Nuobei Biochemical Technology Co., Ltd.

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Period to be reviewed

Lianyungang Reliance Lianyungang Samin Food Additives Co., Ltd. Lianyungang Shuren Scientific Creation Import & Export Co., Ltd. Linyi Bangtai Industry (Group) Co., Ltd. Nantong Apac Best Biochemical Corp. Nantong Huaze Chemical Co., Ltd. Nantong Jiangei Additive Penglai Marine Bio-Technology Co., Ltd. Qingdao Fuso Refining and Processing Co., Ltd. Qinhuangdao Sinochem Import & Export Co., Ltd. Roche Zhongya (Wuxi) Citric Acid, Ltd. Rugao Jinling Chemical Co., Ltd. RZBC Co., Ltd./RZBC Import & Export Co., Ltd. and RZBC (Juxian) Co., Ltd. Shanxi Shunyi Co., Ltd. Shandong Hongshide Chemical Industry Co., Ltd. Shandong Laiwu Gangcheng Group Shandong Ningmeng Biochemistry Co., Ltd. Shandong Yingfeng Chemical Industry Group Co., Ltd. Shanghai Henglijie Bio-Tech Co., Ltd. Shanghai Fenhe Biochemical Co., Ltd. Shanxi Rui Cheng Yellow River Industry, Ltd. Shihezi City Changyun Biochemical Co., Ltd. Sinochem Corporation Sinochem Hebei Import & Export Co. Sinochem Lianyungang Import & Export Co. Sinochem Tianjin Import & Export Co. Suntran Industrial Group, Ltd. Tianyu Chemical Co., Ltd. The TNN Development Limited TTCA Co., Ltd. Weifang Ensign Industry Co., Ltd. Weifang Huiyuan Industry Co., Ltd. Wuhan Shuangfeng Citric Acid Co., Ltd. Yixing Union Biochemical Co., Ltd.; and Yixing Union Cogeneration Co., Ltd.

Suspension Agreements During any administrative review include the name(s) of the exporter or None. covering all or part of a period falling producer for which the inquiry is between the first and second or third requested. 3 If one of the above-named companies does not and fourth anniversary of the For the first administrative review of qualify for a separate rate, all other exporters of publication of an antidumping duty any order, there will be no assessment Citric Acid and Certain Citrate Salts from the order under 19 CFR 351.211 or a of antidumping or countervailing duties People’s Republic of China (‘‘PRC’’) who have not qualified for a separate rate are deemed to be determination under 19 CFR on entries of subject merchandise covered by this review as part of the single PRC 351.218(f)(4) to continue an order or entered, or withdrawn from warehouse, entity of which the named exporters are a part. suspended investigation (after sunset for consumption during the relevant 4 If the above-named company does not qualify review), the Secretary, if requested by a provisional-measures ‘‘gap’’ period, of for a separate rate, all other exporters of Pure Magnesium from the PRC who have not qualified domestic interested party within 30 the order, if such a gap period is for a separate rate are deemed to be covered by this days of the date of publication of the applicable to the POR. review as part of the single PRC entity of which the notice of initiation of the review, will Interested parties must submit named exporters are a part. determine, consistent with FAG Italia v. applications for disclosure under 5 If one of the above named companies does not qualify for a separate rate, all other exporters of United States, 291 F.3d 806 (Fed. Cir. administrative protective orders in Certain Activated Carbon from the PRC who have 2002), as appropriate, whether accordance with 19 CFR 351.305. On not qualified for a separate rate are deemed to be antidumping duties have been absorbed January 22, 2008, the Department covered by this review as part of the single PRC by an exporter or producer subject to the published Antidumping and entity of which the named exporters are a part. review if the subject merchandise is 6 Petitioners, Calgon Carbon Corporation and Countervailing Duty Proceedings: Norit Americans Inc., also requested a review of ten sold in the United States through an Documents Submission Procedures; additional companies, but were unable to provide importer that is affiliated with such APO Procedures (73 FR 3634). Those addresses for these companies. The Department exporter or producer. The request must procedures apply to administrative finds that Petitioners did not demonstrate that they made a reasonable attempt to serve these companies reviews included in this notice of with the request for review as required by 19 CFR Chemical Factory; andYuanguang Activated Carbon initiation. Parties wishing to participate 351.303(f)(3)(ii), nor did they explain satisfactorily Co., Ltd. in any of these administrative reviews why they desire a review of these companies, as 7 We intend to issue the final results of these should ensure that they meet the required by 19 CFR 351.213(b)(1). Therefore, we are reviews not later than April 30, 2011. These five not initiating a review with respect to the following companies are in addition to the companies requirements of these procedures (e.g., companies: Actview Carbon Technology Co., Ltd.; initiated upon on May 28, 2010. See Initiation of the filing of separate letters of Alashan Yongtai Activated Carbon Co., Ltd.; Beijing Antidumping and Countervailing Duty appearance as discussed at 19 CFR Huapeng Environment Protection Materials; Huaxin Administrative Reviews, 75 FR 29976, at footnote 5 351.103(d)). Active Carbon Plant; Jilin Goodwill Activated (May 28, 2010). Petitioners provided addresses for Carbon Plant; Kaihua Xinghua Chemical Plant; these five companies in their submission dated May These initiations and this notice are Xinyuan Carbon; Yinyuan Carbon; YunGuan 24, 2010. in accordance with section 751(a) of the

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Act (19 USC 1675(a)), and 19 CFR 2. On page 34707, in the third Attention: Education Desk Officer, 351.221(c)(1)(i). column, in SUPPLEMENTARY INFORMATION, Office of Management and Budget, 725 Dated: June 24, 2010. correct the text under the ‘‘Agenda’’ 17th Street, NW., Room 10222, New John M. Andersen, heading by adding July 6, 2010, as the Executive Office Building, Washington, first agenda topic to read: DC 20503, be faxed to (202) 395–5806 or Acting Deputy Assistant Secretary for e-mailed to Antidumping and Countervailing Duty Agenda _ Operations. oira [email protected] with a [FR Doc. 2010–15955 Filed 6–29–10; 8:45 am] July 6, 2010 (Closed Administrative cc: to [email protected]. Meeting) BILLING CODE 3510–DS–P SUPPLEMENTARY INFORMATION: Section 7 p.m. to 9:30 p.m. 3506 of the Paperwork Reduction Act of DFO opens the meeting. 1995 (44 U.S.C. Chapter 35) requires DEPARTMENT OF DEFENSE Commission Chairman opening that the Office of Management and remarks. Budget (OMB) provide interested Office of the Secretary DFO recesses the meeting. Federal agencies and the public an early 3. On page 34707, in the third opportunity to comment on information Federal Advisory Committee; Military collection requests. The OMB is column, in SUPPLEMENTARY INFORMATION, Leadership Diversity Commission under the ‘‘Agenda’’ heading for ‘‘July 7, particularly interested in comments (MLDC); Correction 2010’’, in ‘‘8:45 a.m.–9:45 a.m.’’, remove which: • Evaluate whether the proposed AGENCY: the agenda topic ‘‘Deliberation of Office of the Under Secretary of collection of information is necessary Defense for Personnel and Readiness, decision paper for definition of diversity.’’ and add in its place the topic for the proper performance of the DoD. functions of the agency, including ACTION: Meeting notice; correction. ‘‘Deliberation of decision paper for outreach and recruiting.’’. whether the information will have SUMMARY: The Office of the Secretary of 4. On page 34708, in the first column, practical utility; • Evaluate the accuracy of the Defense published a notice in the correct the text under the ‘‘Public’s agency’s estimate of the burden of the Federal Register on June 18, 2010 (75 Accessibility to the Meeting’’ heading to proposed collection of information, FR 34707), announcing a meeting of the read: Military Leadership Diversity including the validity of the Public’s Accessibility to the Meeting methodology and assumptions used; Commission (MLDC) on July 7 and 8, • 2010, in Baltimore, MD. This document Pursuant to 5 U.S.C. 552b and 41 CFR Enhance the quality, utility, and corrects the June 18 notice by adding a 102–3.140 through 102–3.165, and the clarity of the information to be collected; and closed Administrative Meeting (July 6, availability of space, the meetings on • 2010) and an agenda for the July 6 July 7 and 8, 2010, will be open to the Minimize the burden of the meeting. This document also corrects public. Please note that the availability collection of information on those who the agenda for the July 7 meeting and of seating is on a first-come basis. are to respond, including through the the Public Accessibility information. Pursuant to 41 CFR 3.160(b), the use of appropriate automated, The times and meeting location that Administrative Working Meeting on electronic, mechanical, or other were announced in the June 18 notice July 6, 2010, shall be closed to the technological collection techniques or are correct. public. other forms of information technology. Dated: June 25, 2010. DATES: The meeting will be held on July Dated: June 25, 2010. James Hyler, 6 (from 7 p.m. to 9:30 p.m.), July 7 (from Mitchell S. Bryman, Acting Director, Information Collection 7:30 a.m. to 8 p.m.) and July 8, 2010 Alternate OSD Federal Register Liaison Clearance Division, Regulatory Information (from 8 a.m. to 4 p.m.). Officer, Department of Defense. Management Services, Office of Management. ADDRESSES: The meeting will be held at [FR Doc. 2010–15907 Filed 6–29–10; 8:45 am] the Mt. Washington Conference Center, BILLING CODE 5001–06–P Office of Planning, Evaluation and 5801 Smith Ave., Suite 1100, Baltimore, Policy Development MD 21209. Type of Review: Revision. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF EDUCATION Title of Collection: Evaluation of the Master Chief Steven A. Hady, Teacher Incentive Fund (TIF) Program. Designated Federal Officer, MLDC, at Submission for OMB Review; OMB #: 1875–0256. (703) 602–0838, 1851 South Bell Street, Comment Request Frequency of Responses: On Suite 532, Arlington, VA. E-mail AGENCY: Department of Education. Occasion. [email protected]. Affected Public: State, Local, or Tribal SUMMARY: The Acting Director, SUPPLEMENTARY INFORMATION: Government (Gov’t), State Educational Information Collection Clearance Agencies (SEAs) or Local Educational Corrections Division, Regulatory Information Agencies (LEAs). In the Federal Register of June 18, Management Services, Office of Estimated Number of Annual 2010, in FR Doc. 2010–14713, beginning Management invites comments on the Responses: 2,627. on page 34707, make the following submission for OMB review as required Estimated Annual Burden Hours: corrections: by the Paperwork Reduction Act of 1995 1,009. 1. On page 34707, in the third (Pub. L. 104–13). Abstract: In 2006, the U.S. column, correct the DATES caption to DATES: Interested persons are invited to Department of Education launched the read: submit comments on or before July 30, Teacher Incentive Fund (TIF), which DATES: The meeting will be held on July 2010. awards competitive grants to develop 6 (from 7 p.m. to 9:30 p.m.), July 7 (from ADDRESSES: Written comments should and implement performance-based 7:30 a.m. to 8 p.m.) and July 8, 2010 be addressed to the Office of compensation systems in high-need (from 8 a.m. to 4 p.m.). Information and Regulatory Affairs, schools. The purpose of the evaluation

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is to describe the implementation of the DEPARTMENT OF EDUCATION Dated: June 23, 2010. program and its relationship to any Darrin A. King, increases in recruitment and retention Notice of Proposed Information Director, Information Collection Clearance of effective teachers and principals. If Collection Requests Division, Regulatory Information feasible, this evaluation will also seek to Management Services, Office of Management. analyze TIF’s relationship to increasing AGENCY: Department of Education. Office of Elementary and Secondary student achievement. SUMMARY: The Director, Information Education This evaluation of the TIF program Collection Clearance Division, includes an implementation study of the Regulatory Information Management Type of Review: Revision. Cohort 1 and 2 TIF grantees. Services, Office of Management, invites Title: Consolidated State Performance The implementation study will comments on the proposed information Report (Part I and Part II). collection requests as required by the describe the central features of the local OMB #: 1810–0614. TIF performance-pay programs, the Paperwork Reduction Act of 1995. Frequency: Annually. implementation of the programs, and DATES: Interested persons are invited to similarities and differences in submit comments on or before August Affected Public: State, Local, or Tribal performance pay programs. Data 30, 2010 Gov’t, SEAs or LEAs. collection activities will be iterative, Reporting and Recordkeeping Hour SUPPLEMENTARY INFORMATION: Section beginning with telephone interviews of Burden: 3506 of the Paperwork Reduction Act of key stakeholders in all the TIF sites Responses: 14,653. (completed winter 2010), followed by 1995 (44 U.S.C. Chapter 35) requires two rounds of more in-depth case that the Office of Management and Burden Hours: 11,864. studies in a sample of sites. Budget (OMB) provide interested Abstract: The Consolidated State Representative surveys of principals and Federal agencies and the public an early Performance Report (CSPR) is the teachers will also be conducted to opportunity to comment on information required annual reporting tool for each represent the full range of program collection requests. OMB may amend or State, Bureau of Indian Education, knowledge and experiences in each waive the requirement for public District of Columbia, and Puerto Rico as grantee program. The implementation consultation to the extent that public authorized under Section 9303 of the study may be used in conjunction with participation in the approval process Elementary and Secondary Education outcomes data (if the Department would defeat the purpose of the Act (ESEA), as amended by the No exercises optional outcomes tasks) to information collection, violate State or Child Left Behind Act of 2001 (NCLB). help explain the relationship between Federal law, or substantially interfere with any agency’s ability to perform its Requests for copies of the proposed program characteristics and system information collection request may be supports and program outcomes. statutory obligations. The Director, Information Collection Clearance accessed from http://edicsweb.ed.gov, Requests for copies of the information Division, Regulatory Information by selecting the ‘‘Browse Pending collection submission for OMB review Management Services, Office of Collections’’ link and by clicking on link may be accessed from the RegInfo.gov Management, publishes that notice number 4346. When you access the Web site at http://www.reginfo.gov/ containing proposed information information collection, click on public/do/PRAMain or from the collection requests prior to submission ‘‘Download Attachments’’ to view. Department’s website at http:// of these requests to OMB. Each Written requests for information should edicsweb.ed.gov, by selecting the proposed information collection, be addressed to U.S. Department of ‘‘Browse Pending Collections’’ link and grouped by office, contains the Education, 400 Maryland Avenue, SW., by clicking on link number 4249. When following: (1) Type of review requested, LBJ, Washington, DC 20202–4537. you access the information collection, e.g. new, revision, extension, existing or Requests may also be electronically click on ‘‘Download Attachments’’ to reinstatement; (2) Title; (3) Summary of mailed to [email protected] or faxed view. Written requests for information the collection; (4) Description of the to 202–401–0920. Please specify the should be addressed to U.S. Department need for, and proposed use of, the complete title of the information of Education, 400 Maryland Avenue, information; (5) Respondents and collection when making your request. SW., LBJ, Washington, DC 20202–4537. frequency of collection; and (6) Comments regarding burden and/or Requests may also be electronically Reporting and/or Recordkeeping the collection activity requirements mailed to the Internet address burden. OMB invites public comment. [email protected] or faxed to 202– should be electronically mailed to 401–0920. Please specify the complete The Department of Education is [email protected]. Individuals who title and OMB Control Number of the especially interested in public comment use a telecommunications device for the information collection when making addressing the following issues: (1) is deaf (TDD) may call the Federal your request. this collection necessary to the proper Information Relay Service (FIRS) at 1– functions of the Department; (2) will 800–877–8339. Comments regarding burden and/or this information be processed and used [FR Doc. 2010–15916 Filed 6–29–10; 8:45 am] the collection activity requirements in a timely manner; (3) is the estimate BILLING CODE 4000–01–P should be electronically mailed to of burden accurate; (4) how might the [email protected]. Individuals who Department enhance the quality, utility, use a telecommunications device for the and clarity of the information to be deaf (TDD) may call the Federal collected; and (5) how might the Information Relay Service (FIRS) at 1– Department minimize the burden of this 800–877–8339. collection on the respondents, including [FR Doc. 2010–15915 Filed 6–29–10; 8:45 am] through the use of information BILLING CODE 4000–01–P technology.

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DEPARTMENT OF EDUCATION foreign languages, as applicable, for Estimated Range of Awards: students taught by teachers who receive $200,000–$250,000. Office of Postsecondary Education; master’s degrees through programs Estimated Average Size of Awards: Overview Information; Teachers for a supported by this grant, and to use this $213,222. Competitive Tomorrow (TCT): information to assess and improve the Maximum Award: We will reject any Programs for Master’s Degrees in effectiveness of their projects in application that proposes a budget Science, Technology, Engineering, preparing teachers. exceeding $250,000 for a single budget Mathematics, or Critical Foreign period of 12 months. The Assistant Language Education; Notice Inviting Invitational Priority 2 Secretary for Postsecondary Education Applications for New Awards for Fiscal Under this program, applicants must may change the maximum amount Year (FY) 2010 demonstrate how teachers from schools through a notice published in the determined by the partnership to be Federal Register. Catalog of Federal Domestic most in need will be encouraged to Estimated Number of Awards: 1–4. Assistance (CFDA) Number: 84.381B. Dates: apply for and participate in the Note: The Department is not bound by any Applications Available: June 30, 2010. program. Under this priority, applicants estimates in this notice. proposing to develop two or three-year Deadline for Transmittal of Project Period: Up to 60 months. Applications: July 30, 2010. part-time master’s programs in science, technology, engineering, mathematics, III. Eligibility Information Full Text of Announcement or critical foreign language education to 1. Eligible Applicants: An institution I. Funding Opportunity Description enhance the content knowledge of of higher education on behalf of a existing teachers are encouraged to Purpose of Program: The purpose of department of science, technology, describe how they would recruit the TCT program is to enable engineering, mathematics, or a critical teachers to participate in the program partnerships served by eligible foreign language, or on behalf of a who are currently teaching these recipients to develop and implement 2- department or school with a subjects in schools that have been or 3-year part-time master’s degree competency-based degree program (in identified by their State as a persistently programs in science, technology, science, technology, engineering, lowest-achieving school, consistent with engineering, mathematics, or critical mathematics, or a critical foreign the final regulations for the School foreign language education for teachers language) that includes teacher Improvement Grants program that were in order to enhance the teachers’ certification. Eligible applicants must published in the Federal Register on content knowledge and pedagogical enter into a partnership that shall January 21, 2010 (75 FR 3375). skills; or to develop and implement include: programs for professionals in science, Definition i. The eligible recipient; technology, engineering, mathematics, ii. (a) A department within the The term ‘‘critical foreign language’’ is or critical foreign language education eligible applicant that provides a defined in 20 U.S.C. 9802(b)(1) as a that lead to a master’s degree in teaching program of study in science, technology, foreign language that the Secretary that results in teacher certification. engineering, mathematics, or a critical determines, in consultation with the Priorities: Under this competition, we foreign language; and (b) a school, heads of such Federal departments and are particularly interested in department, or program of education agencies as the Secretary determines applications that address the following within the eligible applicant, or a two- appropriate, is critical to the national two invitational priorities. year institution of higher education that Invitational Priorities: For FY 2010 security and economic competitiveness has a teacher preparation offering or a and any subsequent year in which we of the United States. The Secretary has dual enrollment program with the make awards from the list of unfunded determined that the following languages eligible applicant; or applicants from this competition, these are critical foreign languages for iii. A department or school within the priorities are invitational priorities. purposes of this competition and any eligible applicant with a competency- Under 34 CFR 75.105(c)(1), we do not subsequent year in which we make based degree program (in science, give an application that meets these awards from the list of unfunded technology, engineering, mathematics, invitational priorities a competitive or applicants from this competition: or a critical foreign language) that absolute preference over other Arabic, Chinese, Japanese, Korean, includes teacher certification; and applications. Russian, Hindi, Urdu, Persian, and iv. Not less than one high-need LEA These priorities are: Turkish. and a public school or a consortium of Program Authority: 20 U.S.C. 9811. public schools served by the agency. A Invitational Priority 1 Applicable Regulations: The partnership may include a nonprofit Under this program, applicants must Education Department General organization that has a demonstrated demonstrate how their proposed Administrative Regulations (EDGAR) in record of providing expertise or support projects will improve student 34 CFR parts 74, 75, 77, 79, 80, 82, 85, to meet the purposes of this initiative. achievement in mathematics, science, 86, 97, 98, and 99. 2. a. Cost Sharing or Matching: Under technology, engineering, or critical Note: The regulations in 34 CFR part 79 20 U.S.C. 9815(b), each grant recipient foreign languages and increase the apply to all applicants except Federally must provide, from non-Federal sources, number of students taking upper-level recognized Indian tribes. an amount equal to 50 percent of the courses in such subjects. Under this amount of the grant (which may be priority, applicants are encouraged to Note: The regulations in 34 CFR part 86 provided in cash or in-kind) to carry out work with their partner districts or the apply to institutions of higher education the activities supported by the grant. State educational agency to develop only. b. Supplement-Not-Supplant: Under agreements to access student records II. Award Information 20 U.S.C. 9815(c), grant funds provided containing data on assessments and under this program must be used to course-taking in mathematics, science, Type of Award: Discretionary grants. supplement, and not supplant, other technology, engineering, or critical Estimated Available Funds: $852,888. Federal or State funds.

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3. Other: Definition of ‘‘high-need application that addresses, as well as Department indicates that 16 percent of LEA’’ and other eligibility information. possible, the number or percentage of teachers teaching during the 2003–04 An eligible applicant must propose a children from low-income families these school year did not return to teach in project performed by a partnership that LEAs serve. the same school the following school includes one or more ‘‘high-need LEAs.’’ The school locale codes referenced in year. See Marvel, J., Lyter, D.M., Peltola, As defined in 20 U.S.C. 9812(3), the component (A)(3) of the definition of P., Strizek, G.A., and Morton, B.A. term ‘‘high-need LEA’’ is an LEA— ‘‘high-need LEA’’ are part of a (2006). Teacher Attrition and Mobility: (A)(1) That serves not fewer than classification system designed to Results from the 2004–05 Teacher 10,000 children from low-income describe a geographic area in which a Follow-up Survey (NCES 2007–307). families, or (2) for which not less than school is located. Locale codes 41, 42, U.S. Department of Education, National 20 percent of the children served by the and 43 relate to rural areas. General Center for Education Statistics. agency are from low-income families, or information regarding the locale Washington, DC: U.S. Government (3) with a total of less than 600 students classification system and information Printing Office. in average daily attendance at the regarding the locale codes for specific schools that are served by the agency LEAs is available on the National Center IV. Application and Submission and all of whose schools are designated for Education Statistics (NCES) Web site Information with a school locale code of 41, 42, or at: http://nces.ed.gov/ccd/ 1. Address to Request Application 43, as determined by the Secretary; and rural_locales.asp. Package: You can obtain an application (B)(1) for which there is a high The Department expects that LEAs package via the Internet by downloading percentage of teachers providing that rely on component (B)(1) of the the package at http://e-Grants.ed.gov. instruction in academic subject areas or definition of ‘‘high-need LEA’’ will You also may request a copy of the grade levels for which the teachers are demonstrate their eligibility with application package from the following: not highly qualified; or (2) for which information regarding the percentage of Andrea Baird, Teachers for a there is a high teacher turnover rate or teachers providing instruction in the Competitive Tomorrow: Programs for a high percentage of teachers with academic subject areas or grade levels Master’s Degrees in Science, emergency, provisional, or temporary for which the teachers are not highly Technology, Engineering, Mathematics, certification or licensure. qualified in the LEA and the State. The or Critical Foreign Language Education, So that the Department may be able to Department will review this aspect of an U.S. Department of Education, 1990 K confirm the eligibility of the LEAs LEA’s proposed eligibility on a case-by- Street, NW., room 6143, Washington, participating in the project, we expect case basis, and would expect that an DC 20006–8526. Telephone: (202) 502– applicants to include information in LEA that meets this component of the 7797. E-mail address: their applications that demonstrates that definition would have a percentage of [email protected]. each participating LEA in the its classes taught by teachers who are If you use a telecommunications partnership is a high-need LEA, as not highly qualified that exceeds the device for the deaf (TDD), call the defined in 20 U.S.C. 9812(3). percentage for the State. Under components (A)(1) and (A)(2) For component (B)(2) of the statutory Federal Relay Service (FRS), toll-free, at of the statutory definition of high-need definition of ‘‘high-need LEA,’’ the data 1–800–877–8339. LEA, an LEA must show that it serves that LEAs likely will find most readily Individuals with disabilities can not fewer than 10,000 children from available on the percentage of teachers obtain a copy of the application package low-income families or that not less with emergency, provisional, or in an accessible format (e.g., braille, than 20 percent of the children served temporary certification or licensing are large print, audiotape, or computer by the agency are children from low- the data they provide to their States for diskette) by contacting the program income families. Under 20 U.S.C inclusion in the reports on the quality contact person listed in this section. 9812(1), the term ‘‘children from low- of teacher preparation that the States 2. Content and Form of Application income families’’ means children provide to the Department in October of Submission: Requirements concerning described in section 1124(c)(1)(A) of the each year as required by section 207 of the content of an application, together Elementary and Secondary Education the Higher Education Act of 1965, as with the forms you must submit, are in Act of 1965, 20 U.S.C. 6333(c)(1)(A). amended (HEA). In these reports, States the application package for this The eligibility of an LEA as a ‘‘high-need provide the percentage of teachers in program. LEA’’ under component (A)(1) or (A)(2) their LEAs teaching on waivers of State Page Limit: The application narrative should be based on the most recent U.S. certification, both on a statewide basis is where you, the applicant, address the Census Bureau data. U.S. Census Bureau and in high-poverty LEAs. As reflected selection criteria that reviewers use to data are available for all school districts in the State reports the Department most evaluate your application. You must with geographic boundaries that existed recently received in October 2008, the limit the application narrative [Part III] when the U.S. Census Bureau collected national average percentage of teachers to no more than 50 pages, using the its information. The link to the census on waivers in high-poverty LEAs is 1.37 following standards: data is: http://www.census.gov/hhes/ percent. • A ‘‘page’’ is 8.5″ x 11″, on one side www/saipe/district.html. The Under element (B)(2), an LEA may only, with 1″ margins at the top, bottom, Department also makes these data also demonstrate that it is ‘‘high-need’’ and both sides. available at its Web site at: http:// by demonstrating that it has a high • Double space (no more than three www.ed.gov/programs/lsl/ teacher turnover rate. The Department lines per vertical inch) all text in the eligibility.html. will review this aspect of an LEA’s application narrative, including titles, Some LEAs, such as newly formed proposed eligibility on a case-by-case headings, footnotes, quotations, school districts or charter schools in basis, and would expect that an LEA references, and captions, as well as all States that accord them LEA status, are that meets this component of the text in charts, tables, figures, and not included in Census Bureau poverty definition would have a teacher graphs. data. Eligibility of these particular LEAs turnover rate that meets or exceeds the • Use a font that is either 12-point or will be determined on a case-by-case average national teacher turnover rate. larger, or no smaller than 10 pitch basis after review of information in the The most recent data available to the (characters per inch).

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• Use one of the following fonts: must register both of those numbers Please note the following: Times New Roman, Courier, Courier with the Central Contractor Registry • You must complete the electronic New, or Arial. An application submitted (CCR), the Government’s primary submission of your grant application by in any other font (including Times registrant database; and (3) you must 4:30:00 p.m., Washington, DC time, on Roman and Arial Narrow) will not be provide those same numbers on your the application deadline date. E- accepted. application. Application will not accept an The page limit does not apply to the You can obtain a DUNS number from application for this program after cover sheet; the budget section, Dun and Bradstreet. A DUNS number 4:30:00 p.m., Washington, DC time, on including the narrative budget can be created within one business day. the application deadline date. justification; the assurances and If you are a corporate entity, agency, Therefore, we strongly recommend that certifications; or the one-page abstract, institution, or organization, you can you do not wait until the application the resumes, the bibliography, or the obtain a TIN from the Internal Revenue deadline date to begin the application letters of support. Service. If you are an individual, you process. We will reject your application if you can obtain a TIN from the Internal • The hours of operation of the e- exceed the page limit. Revenue Service or the Social Security Grants Web site are 6:00 a.m. Monday 3. Submission Dates and Times: Administration. If you need a new TIN, until 7:00 p.m. Wednesday; and 6:00 Applications Available: June 30, 2010. please allow 2–5 weeks for your TIN to a.m. Thursday until 8:00 p.m. Sunday, Deadline for Transmittal of become active. Washington, DC time. Please note that, Applications: July 30, 2010. The CCR registration process may take because of maintenance, the system is Applications for grants under this five or more business days to complete. unavailable between 8:00 p.m. on program must be submitted If you are currently registered with the Sundays and 6:00 a.m. on Mondays, and electronically using the Electronic Grant CCR, you may not need to make any between 7:00 p.m. on Wednesdays and Application system (e-Application) changes. However, please make certain 6:00 a.m. on Thursdays, Washington, accessible through the Department’s e- that the TIN associated with your DUNS DC time. Any modifications to these Grants site. For information (including number is correct. Also note that you hours are posted on the e-Grants Web dates and times) about how to submit will need to update your CCR site. your application electronically, or in registration on an annual basis. This • You will not receive additional paper format by mail or hand delivery may take three or more business days to point value because you submit your if you qualify for an exception to the complete. application in electronic format, nor electronic submission requirement, 7. Other Submission Requirements: will we penalize you if you qualify for please refer to Section IV. 7. Other Applications for grants under this an exception to the electronic Submission Requirements of this notice. program must be submitted submission requirement, as described We do not consider an application electronically unless you qualify for an elsewhere in this section, and submit that does not comply with the deadline exception to this requirement in your application in paper format. requirements. accordance with the instructions in this • You must submit all documents Individuals with disabilities who section. electronically, including all information need an accommodation or auxiliary aid a. Electronic Submission of you typically provide on the following in connection with the application Applications. forms: the Application for Federal process should contact the person listed Applications for grants under the TCT Assistance (SF 424), the Department of under FOR FURTHER INFORMATION Programs for Master’s Degrees in Education Supplemental Information for CONTACT in Section VII of this notice. If Science, Technology, Engineering, SF 424, Budget Information—Non- the Department provides an Mathematics, or Critical Foreign Construction Programs (ED 524), and all accommodation or auxiliary aid to an Language Education, CFDA number necessary assurances and certifications. individual with a disability in 84.381B, must be submitted You must attach any narrative sections connection with the application electronically using e-Application, of your application as files in a .DOC process, the individual’s application accessible through the Department’s e- (document), .RTF (rich text), or .PDF remains subject to all other Grants Web site at http://e- (Portable Document) format. If you requirements and limitations in this Grants.ed.gov. upload a file type other than the three notice. We will reject your application if you file types specified in this paragraph or 4. Intergovernmental Review: This submit it in paper format unless, as submit a password protected file, we program is subject to Executive Order described elsewhere in this section, you will not review that material. 12372 and the regulations in 34 CFR qualify for one of the exceptions to the • Your electronic application must part 79. Information about electronic submission requirement and comply with any page limit Intergovernmental Review of Federal submit, no later than two weeks before requirements described in this notice. Programs under Executive Order 12372 the application deadline date, a written • Prior to submitting your electronic is in the application package for this statement to the Department that you application, you may wish to print a program. qualify for one of these exceptions. copy of it for your records. 5. Funding Restrictions: We reference Further information regarding • After you electronically submit regulations outlining funding calculation of the date that is two weeks your application, you will receive an restrictions in the Applicable before the application deadline date is automatic acknowledgment that will Regulations section in this notice. provided later in this section under include a PR/Award number (an 6. Data Universal Numbering System Exception to Electronic Submission identifying number unique to your Number, Taxpayer Identification Requirement. application). Number, and Central Contractor While completing your electronic • Within three working days after Registry: To do business with the application, you will be entering data submitting your electronic application, Department of Education, (1) You must online that will be saved into a fax a signed copy of the SF 424 to the have a Data Universal Numbering database. You may not e-mail an Application Control Center after System (DUNS) number and a Taxpayer electronic copy of a grant application to following these steps: Identification Number (TIN); (2) you us. (1) Print SF 424 from e-Application.

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(2) The applicant’s Authorizing falls on a Federal holiday, the next If you qualify for an exception to the Representative must sign this form. business day following the Federal electronic submission requirement, you (3) Place the PR/Award number in the holiday), you mail or fax a written (or a courier service) may deliver your upper right hand corner of the hard- statement to the Department, explaining paper application to the Department by copy signature page of the SF 424. which of the two grounds for an hand. You must deliver the original and (4) Fax the signed SF 424 to the exception prevents you from using the two copies of your application, by hand, Application Control Center at (202) Internet to submit your application. If on or before the application deadline 245–6272. you mail your written statement to the date, to the Department at the following • We may request that you provide us Department, it must be postmarked no address: original signatures on other forms at a later than two weeks before the U.S. Department of Education, later date. application deadline date. If you fax Application Control Center, Application Deadline Date Extension your written statement to the Attention: (CFDA Number 84.381B), in Case of e-Application Unavailability: Department, we must receive the faxed 550 12th Street, SW., Room 7041, If you are prevented from electronically statement no later than two weeks Potomac Center Plaza, Washington, submitting your application on the before the application deadline date. DC 20202–4260. application deadline date because e- Address and mail or fax your The Application Control Center Application is unavailable, we will statement to: Andrea Baird, U.S. accepts hand deliveries daily between grant you an extension of one business Department of Education, 1990 K Street, 8:00 a.m. and 4:30:00 p.m., Washington, day to enable you to transmit your NW., room 6143, Washington, DC DC time, except Saturdays, Sundays, application electronically, by mail, or by 20006–8526. FAX: (202) 502–7699. and Federal holidays. hand delivery. We will grant this Your paper application must be extension if— submitted in accordance with the mail Note for Mail or Hand Delivery of Paper (1) You are a registered user of e- or hand delivery instructions described Applications: If you mail or hand deliver your application to the Department— Application and you have initiated an in this notice. (1) You must indicate on the envelope electronic application for this b. Submission of Paper Applications and—if not provided by the Department—in competition; and by Mail. Item 11 of the SF 424 the CFDA number, (2) (a) E-Application is unavailable for If you qualify for an exception to the including suffix letter, if any, of the 60 minutes or more between the hours electronic submission requirement, you competition under which you are submitting of 8:30 a.m. and 3:30 p.m., Washington, may mail (through the U.S. Postal your application; and DC time, on the application deadline Service or a commercial carrier) your (2) The Application Control Center will date; or application to the Department. You mail to you a notification of receipt of your must mail the original and two copies grant application. If you do not receive this (b) E-Application is unavailable for grant notification within 15 business days any period of time between 3:30 p.m. of your application, on or before the from the application deadline date, you and 4:30:00 p.m., Washington, DC time, application deadline date, to the should call the U.S. Department of Education on the application deadline date. Department at the following address: Application Control Center at (202) 245– We must acknowledge and confirm U.S. Department of Education, 6288. these periods of unavailability before Application Control Center, granting you an extension. To request Attention: (CFDA Number 84.381B), V. Application Review Information this extension or to confirm our LBJ Basement Level 1, 400 Maryland Selection Criteria: The selection acknowledgment of any system Avenue, SW., Washington, DC 20202– criteria for this program are from section unavailability, you may contact either 4260. 6114 of the America COMPETES Act, 20 (1) the person listed elsewhere in this You must show proof of mailing U.S.C. 9814, and from 34 CFR 75.209(a) notice under FOR FURTHER INFORMATION consisting of one of the following: and 75.210 of EDGAR and are described CONTACT (See VII. Agency Contact) or (2) (1) A legibly dated U.S. Postal Service in the application package. the e-Grants help desk at 1–888–336– postmark. 8930. If e-Application is unavailable (2) A legible mail receipt with the VI. Award Administration Information due to technical problems with the date of mailing stamped by the U.S. 1. Award Notices: If your application system and, therefore, the application Postal Service. is successful, we will notify your U.S. deadline is extended, an e-mail will be (3) A dated shipping label, invoice, or Representative and U.S. Senators and sent to all registered users who have receipt from a commercial carrier. send you a Grant Award Notice (GAN). initiated an e-Application. Extensions (4) Any other proof of mailing We may notify you informally, also. referred to in this section apply only to acceptable to the Secretary of the U.S. If your application is not evaluated or the unavailability of e-Application. Department of Education. not selected for funding, we will notify Exception to Electronic Submission If you mail your application through you. Requirement: You qualify for an the U.S. Postal Service, we do not 2. Administrative and National Policy exception to the electronic submission accept either of the following as proof Requirements: We identify requirement, and may submit your of mailing: administrative and national policy application in paper format, if you are (1) A private metered postmark. requirements in the application package unable to submit an application through (2) A mail receipt that is not dated by and reference these and other e-Application because— the U.S. Postal Service. requirements in the Applicable • You do not have access to the If your application is postmarked after Regulations section of this notice. Internet; or the application deadline date, we will We reference the regulations outlining • You do not have the capacity to not consider your application. the terms and conditions of an award in upload large documents to e- Note: The U.S. Postal Service does not the Applicable Regulations section of Application; and uniformly provide a dated postmark. Before this notice and include these and other • No later than two weeks before the relying on this method, you should check specific conditions in the GAN. The application deadline date (14 calendar with your local post office. GAN also incorporates your approved days; or, if the fourteenth calendar day c. Submission of Paper Applications application as part of your binding before the application deadline date by Hand Delivery. commitments under the grant.

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3. Reporting: At the end of your VII. Agency Contact DEPARTMENT OF EDUCATION project period, you must submit a final performance report, including financial For Further Information Contact: Office of Postsecondary Education; information, as directed by the Andrea Baird, Teachers for a Overview Information; Transition Secretary. If you receive a multi-year Competitive Tomorrow: Programs for Programs for Students with Intellectual award, you must submit an annual Master’s Degrees in Science, Disabilities Into Higher Education performance report that provides the Technology, Engineering, Mathematics, (TPSID)—Model Comprehensive most current performance and financial or Critical Foreign Language Education, Transition and Postsecondary expenditure information as directed by U.S. Department of Education, 1990 K Programs for Students With the Secretary in 34 CFR 75.118. The Street, NW., room 6143, Washington, Intellectual Disabilities; Notice Inviting Secretary may also require more DC 20006–8526. Telephone: (202) 502– Applications for New Awards for Fiscal frequent performance reports under 34 7797 or e-mail [email protected]. Year (FY) 2010 CFR 75.720(c). For specific If you use a TDD, call the FRS, toll requirements on reporting, please Catalog of Federal Domestic review section 6114(d) of the America free, at 1–800–877–8339. Assistance (CFDA) Number: 84.407A. Dates: COMPETES Act, 20 U.S.C. 9814(d), and VIII. Other Information Applications Available: June 30, 2010. go to: http://www.ed.gov/fund/grant/ Deadline for Transmittal of apply/appforms/appforms.html. Accessible Format: Individuals with Applications: July 30, 2010. 4. Performance Measures: The disabilities can obtain this document objective of the TCT Programs for and a copy of the application package in Full Text of Announcement Master’s Degrees in Science, an accessible format (e.g., braille, large I. Funding Opportunity Description Technology, Engineering, Mathematics, print, audiotape, or computer diskette) or Critical Foreign Language Education on request to the program contact Purpose of Program: The purpose of this program is to support model is to train program participants as person listed under FOR FURTHER demonstration programs that promote highly qualified teachers in these INFORMATION CONTACT in Section VII in the successful transition of students subject areas and to place them in high- this notice. need LEAs. Under the Government with intellectual disabilities into higher Performance and Results Act (GPRA), Electronic Access to This Document: education and to enable institutions of the following measures will be used by You can view this document, as well as higher education (IHEs) (or consortia of the Department in assessing the all other documents of this Department institutions of higher education), to performance of the program. published in the Federal Register, in create or expand high quality inclusive (1) The percentage of program text or Adobe Portable Document model comprehensive transition and participants who earn a master’s degree Format (PDF) on the Internet at the postsecondary programs for students and certification or licensure in a following site: http://www.ed.gov/news/ with intellectual disabilities. science, technology, engineering, fedregister. Priorities: This notice contains one mathematics, or critical foreign language absolute priority, three competitive To use PDF, you must have Adobe area (includes previously licensed preference priorities, and one Acrobat Reader, which is available free teachers who receive a master’s degree). invitational priority for the FY 2010 (2) The percentage of program at this site. grant competition and any subsequent participants who become or remain a Note: The official version of this document year in which we make awards from the teacher of record in a science, is the document published in the Federal list of unfunded applicants from this technology, engineering, mathematics, Register. Free Internet access to the official competition. We are establishing the or critical foreign language area in a edition of the Federal Register and the Code absolute priority in accordance with high-need school. of Federal Regulations is available on GPO section 437(d)(1) of the General (3) The percentage of program Access at: http://www.gpoaccess.gov/nara/ Education Provisions Act (GEPA), 20 participants who remain teaching in the index.html. U.S.C. 1232(d)(1). science, technology, engineering, Absolute Priority: This priority is an mathematics, or critical foreign language Delegation of Authority: The Secretary absolute priority. Under 34 CFR area in a high-need school for two or of Education has delegated authority to 75.105(c)(3) we consider only more years. Daniel T. Madzelan, Director, applications that meet this priority. (4) The cost per program participant Forecasting and Policy Analysis for the This priority is: who remains in teaching in the science, Office of Postsecondary Education, to A grant recipient must use grant funds technology, engineering, mathematics, perform the functions and duties of the to establish a model comprehensive or critical foreign language area in a Assistant Secretary for Postsecondary transition and postsecondary program high-need school for two or more years. Education. for students with intellectual disabilities If funded, you will be asked to collect Dated: June 25, 2010. that— and report data on these measures in (1) Serves students with intellectual your project’s annual performance Daniel T. Madzelan, disabilities; report (EDGAR, 34 CFR 75.590). Director, Forecasting and Policy Analysis. (2) Provides individual supports and Applicants are also advised to consider [FR Doc. 2010–15922 Filed 6–29–10; 8:45 am] services for the academic and social these measures in conceptualizing the BILLING CODE 4000–01–P inclusion of students with intellectual design, implementation, and evaluation disabilities in academic courses, of their proposed projects because of extracurricular activities, and other their importance in the application aspects of the IHE’s regular review process. Collection of data on postsecondary program; these measures should be a part of the (3) Provides a focus on academic evaluation plan, along with measures of enrichment, socialization, independent progress on goals and objectives that are living skills, including self-advocacy, specific to your project. and integrated work experiences and

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career skills that lead to gainful with intellectual disabilities into the (ii) Auditing or participating in employment; housing offered to all students. courses with nondisabled students (4) Integrates person-centered Competitive Priority 3: offered by the institution for which the planning in the development of the Applicants that propose to involve student does not receive regular course of study for each student with an undergraduate or graduate students academic credit. intellectual disability participating in attending the IHE who are studying (iii) Enrollment in noncredit-bearing, the model program; special education, general education, nondegree courses with nondisabled (5) Participates with the coordinating vocational rehabilitation, assistive students. center established under section 777(b) technology, or related fields in the (iv) Participation in internships or of the HEA, in the evaluation of the model program. work-based training in settings with components of the model program and Invitational Priority: For FY 2010 this nondisabled individuals. budgets $4,000 annually for evaluation priority is an invitational priority. (E) Requires students with intellectual expenses incurred by the coordinating Under 34 CFR 75.105(c)(1) we do not disabilities to be socially and center including data collection, storage, give an application that meets this academically integrated with non- analyses, and reporting; invitational priority a competitive or disabled students to the maximum (6) Engages in scheduled meetings or absolute preference over other extent possible. conference calls sponsored by the applications. Student with an intellectual disability coordinating center, contributes $500 This priority is: (section 760(2) of the HEA). The term annually to the coordinating center in Applicants that demonstrate that the ‘‘student with an intellectual disability’’ consultation with the Federal project institution will use TPSID funds to means a student— officer to support conference expenses, extend or enhance an existing program, (A) With mental retardation or a and allocates five-percent of the time of rather than to supplant other non- cognitive impairment, characterized by one project personnel to support Federal resources that are allocated to significant limitations in— meeting and conference planning each the program. Applicants responding to (i) Intellectual and cognitive project year; this priority should describe any functioning; and (7) Partners with one or more local existing programs at their institutions, (ii) Adaptive behavior as expressed in educational agencies to support including the number and conceptual, social, and practical students with intellectual disabilities characteristics of the students served, adaptive skills; and participating in the model program who the staffing and budget for the program, (B) Who is currently, or was formerly, are still eligible for special education how well students with intellectual eligible for a free appropriate public and related services under the disabilities are integrated with students education under IDEA. Individuals with Disabilities Education without disabilities in regard to Waiver of Proposed Rulemaking: Act (IDEA); academic courses, extracurricular Under the Administrative Procedure Act (8) Implements a financial and activities and other aspects of the IHE’s (5 U.S.C. 553) the Department generally program plan for the sustainability of regular postsecondary program, and offers interested parties the opportunity the model after the end of the grant describe how the TPSID grant will build to comment on proposed priorities. period; and upon current efforts. Section 437(d)(1) of GEPA, however, Applicable Statutory Definitions: allows the Secretary to exempt from (9) Creates and offers a meaningful Comprehensive transition and credential for students with intellectual rulemaking requirements regulations postsecondary program for students governing the first grant competition disabilities upon the completion of the with intellectual disabilities (section model program. under a new or substantially revised 760(1) of the HEA). program authority. This is the first grant Competitive Preference Priorities: In The term ‘‘comprehensive transition accordance with 34 CFR competition for this program under and postsecondary program for students section 767 of the HEA, (20 U.S.C. 75.105(b)(2)(iv), these priorities are from with intellectual disabilities’’ means a section 767(c)(3) of the HEA. For FY 1140G) and therefore qualifies for this degree, certificate, or nondegree exemption. To ensure timely grant 2010, these priorities are competitive program that meets each of the preference priorities. Under 34 CFR awards, the Secretary has decided to following: forego public comment on the absolute 75.105(c)(2)(i), we award an additional (A) Is offered by an institution of nine points to an applicant (three points priority under section 437(d)(1) of higher education. GEPA. This priority will apply to the FY for each of the three priorities), that (B) Is designed to support students 2010 grant competition and any meets these priorities. An applicant can with intellectual disabilities who are subsequent year in which we make choose to respond to one, two, or all seeking to continue academic, career awards from the list of unfunded three of these priorities and can receive and technical, and independent living points based on their response to each applicants from this competition. instruction at an institution of higher Program Authority: 20 U.S.C. 1140G. separate priority. education in order to prepare for gainful These priorities are: Applicable Regulations: The employment. Education Department General Competitive Priority 1: (C) Includes an advising and Administrative Regulations (EDGAR) in Applicants that propose to form a curriculum structure. sustained and meaningful partnership (D) Requires students with 34 CFR parts 74, 75, 77, 79, 82, 84, 85, with any relevant agency serving intellectual disabilities to participate on 86, 97, 98, and 99. students with intellectual disabilities, not less than a half-time basis as Note: The regulations in 34 CFR part 79 such as a vocational rehabilitation determined by the institution, with such apply to all applicants except federally agency. participation focusing on academic recognized Indian tribes. Competitive Priority 2: components, and occurring through one Applicants that demonstrate that their or more of the following activities: II. Award Information IHE provides institutionally owned or (i) Regular enrollment in credit- Type of Award: Discretionary grants. operated housing for students attending bearing courses with nondisabled Estimated Available Funds: the institution that integrates students students offered by the institution. $10,563,300.

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Contingent upon the availability of • Double space (no more than three requirements and limitations in this funds and the quality of applications, lines per vertical inch) all text in the notice. we may make additional awards in FY application narrative, including titles, 4. Intergovernmental Review: This 2011 from the list of unfunded headings, footnotes, quotations, program is subject to Executive Order applicants from this competition. references, and captions, as well as all 12372 and the regulations in 34 CFR Estimated Range of Awards: text in charts, tables, figures, and part 79. Information about $100,000–$500,000. graphs. Intergovernmental Review of Federal Estimated Average Size of Awards: • Use a font that is either 12-point or Programs under Executive Order 12372 $423,000. larger, or no smaller than 10 pitch is in the application package for this Maximum Award: We will reject any (characters per inch). program. application that proposes a budget • Use one of the following fonts: 5. Funding Restrictions: We specify exceeding $500,000 for a single budget Times New Roman, Courier, Courier unallowable costs in 34 CFR part 75. We period of 12 months. The Assistant New, or Arial only. Applications reference additional regulations Secretary for Postsecondary Education submitted in any other font (including outlining funding restrictions in the may change the maximum amount Times Roman and Arial Narrow) will Applicable Regulations section of this through a notice published in the not be accepted. notice. • Federal Register. Appendices are limited to the 6. Data Universal Numbering System Estimated Number of Awards: 25. following: Curriculum Vitae, letters of Number, Taxpayer Identification support, partnership agreements, Note: The Department is not bound by any Number, and Central Contractor estimates in this notice. memoranda of agreement, a Registry: To do business with the bibliography, and one additional Project Period: 60 months. Department of Education, (1) you must optional appendix relevant to the have a Data Universal Numbering III. Eligibility Information support of the proposal, not to exceed System (DUNS) number and a Taxpayer five pages. 1. Eligible Applicants: IHEs as defined Identification Number (TIN); (2) you The page limit does not apply to Part must register both of those numbers under section 101(a) of the HEA or I, the Application for Federal Assistance consortia of IHEs are eligible to apply with the Central Contractor Registry (SF 424); the Supplemental Information (CCR), the Government’s primary for funding. Form required by the Department of 2. Cost Sharing or Matching: The registrant database; and (3) you must Education; Part IV, the assurances and provide those same numbers on your grantee must provide, from non-Federal certifications; or the one-page abstract; funds, a matching contribution equal to application. or the appendices. The page limit also You can obtain a DUNS number from at least 25 percent of the cost of the does not apply to the table of contents, project. See section 767(e) of the HEA. Dun and Bradstreet. A DUNS number if you include one. However, you must can be created within one business day. include all of the application narrative IV. Application and Submission If you are a corporate entity, agency, in Part III. Information institution, or organization, you can We will reject your application if you obtain a TIN from the Internal Revenue 1. Address to Request Application exceed the page limit. Package: Shedita Alston, U.S. 3. Submission Dates and Times: Service. If you are an individual, you Department of Education, 1990 K Street, Applications Available: June 30, 2010. can obtain a TIN from the Internal NW., room 6131, Washington, DC Deadline for Transmittal of Revenue Service or the Social Security 20006–8524. Telephone (202) 502–7808 Applications: July 30, 2010. Administration. If you need a new TIN, or by e-mail: [email protected]. Applications for grants under this please allow 2–5 weeks for your TIN to If you use a telecommunications program must be submitted become active. device for the deaf (TDD), call the electronically using the Electronic Grant The CCR registration process may take Federal Relay Service (FRS), toll free, at Application System (e-Application) five or more business days to complete. 1–800–877–8339. accessible through the Department’s e- If you are currently registered with the Individuals with disabilities can Grants site. For information (including CCR, you may not need to make any obtain a copy of the application package dates and times) about how to submit changes. However, please make certain in an accessible format (e.g., braille, your application electronically, or in that the TIN associated with your DUNS large print, audiotape, or computer paper format by mail or hand delivery number is correct. Also note that you diskette) by contacting the program if you qualify for an exception to the will need to update your CCR contact person listed in this section. electronic submission requirement, registration on an annual basis. This 2. Content and Form of Application please refer to section IV. 7. Other may take three or more business days to Submission: Requirements concerning Submission Requirements of this notice. complete. the content of an application, together We do not consider an application In addition, if you are submitting your with the forms you must submit, are in that does not comply with the deadline application via Grants.gov, you must (1) the application package for this requirements. be designated by your organization as an program. Individuals with disabilities who Authorized Organization Representative Page Limit: The application narrative need an accommodation or auxiliary aid (AOR); and (2) register yourself with (Part III of the application) is where you, in connection with the application Grants.gov as an AOR. Details on these the applicant, address the selection process should contact the person listed steps are outlined in the Grants.gov criteria that reviewers use to evaluate under FOR FURTHER INFORMATION 3-Step Registration Guide (see http:// your application. You must limit the CONTACT in section VII of this notice. If www.grants.gov/section910/ application narrative (Part III) to no the Department provides an Grants.govRegistrationBrochure.pdf). more than 40 pages using the following accommodation or auxiliary aid to an 7. Other Submission Requirements: standards: individual with a disability in Applications for grants under this • A ‘‘page’’ is 8.5″ x 11″, on one side connection with the application program must be submitted only, with 1″ margins at the top, bottom, process, the individual’s application electronically unless you qualify for an and both sides. remains subject to all other exception to this requirement in

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accordance with the instructions in this forms: the Application for Federal granting you an extension. To request section. Assistance (SF 424), the Department of this extension or to confirm our a. Electronic Submission of Education Supplemental Information for acknowledgment of any system Applications. SF 424, Budget Information—Non- unavailability, you may contact either Applications for grants under the Construction Programs (ED 524), and all (1) the person listed elsewhere in this TPSID program—CFDA number necessary assurances and certifications. notice under FOR FURTHER INFORMATION 84.407A must be submitted You must attach any narrative sections CONTACT (see section VII. Agency electronically using e-Application, of your application as files in a .DOC Contact) or (2) the e-Grants help desk at accessible through the Department’s e- (document), .RTF (rich text), or .PDF 1–888–336–8930. If e-Application is Grants Web site at: http://e- (Portable Document) format. If you unavailable due to technical problems grants.ed.gov. upload a file type other than the three with the system and, therefore, the We will reject your application if you file types specified in this paragraph or application deadline is extended, an e- submit it in paper format unless, as submit a password protected file, we mail will be sent to all registered users described elsewhere in this section, you will not review that material. who have initiated an e-Application. qualify for one of the exceptions to the • Your electronic application must Extensions referred to in this section electronic submission requirement and comply with any page limit apply only to the unavailability of e- submit, no later than two weeks before requirements described in this notice. Application. the application deadline date, a written • Prior to submitting your electronic Exception to Electronic Submission statement to the Department that you application, you may wish to print a Requirement: You qualify for an qualify for one of these exceptions. copy of it for your records. exception to the electronic submission Further information regarding • After you electronically submit requirement, and may submit your calculation of the date that is two weeks your application, you will receive an application in paper format, if you are before the application deadline date is automatic acknowledgment that will unable to submit an application through provided later in this section under include a PR/Award number (an e-Application because— Exception to Electronic Submission identifying number unique to your • You do not have access to the Requirement. application). Internet; or While completing your electronic • Within three working days after • You do not have the capacity to application, you will be entering data submitting your electronic application, upload large documents to e- online that will be saved into a fax a signed copy of the SF 424 to the Application; and database. You may not e-mail an Application Control Center after • No later than two weeks before the electronic copy of a grant application to following these steps: application deadline date (14 calendar us. (1) Print SF 424 from e-Application. days or, if the fourteenth calendar day Please note the following: (2) The applicant’s Authorizing before the application deadline date • You must complete the electronic Representative must sign this form. falls on a Federal holiday, the next submission of your grant application by (3) Place the PR/Award number in the business day following the Federal 4:30:00 p.m., Washington, DC time, on upper right hand corner of the hard- holiday), you mail or fax a written the application deadline date. E- copy signature page of the SF 424. Application will not accept an (4) Fax the signed SF 424 to the statement to the Department, explaining application for this program after Application Control Center at (202) which of the two grounds for an 4:30:00 p.m., Washington, DC time, on 245–6272. exception prevents you from using the the application deadline date. • We may request that you provide us Internet to submit your application. If Therefore, we strongly recommend that original signatures on other forms at a you mail your written statement to the you do not wait until the application later date. Department, it must be postmarked no deadline date to begin the application Application Deadline Date Extension later than two weeks before the process. in Case of e-Application Unavailability: application deadline date. If you fax • The hours of operation of the e- If you are prevented from electronically your written statement to the Grants Web site are 6:00 a.m. Monday submitting your application on the Department, we must receive the faxed until 7:00 p.m. Wednesday; and 6:00 application deadline date because e- statement no later than two weeks a.m. Thursday until 8:00 p.m. Sunday, Application is unavailable, we will before the application deadline date. Washington, DC time. Please note that, grant you an extension of one business Address and mail or fax your because of maintenance, the system is day to enable you to transmit your statement to: Shedita Alston, U.S. unavailable between 8:00 p.m. on application electronically, by mail, or by Department of Education, 1990 K Street, Sundays and 6:00 a.m. on Mondays, and hand delivery. We will grant this NW., room 6131, Washington, DC between 7:00 p.m. on Wednesdays and extension if— 20006–8524. FAX: (202) 502–7675. 6:00 a.m. on Thursdays, Washington, (1) You are a registered user of e- Your paper application must be DC time. Any modifications to these Application and you have initiated an submitted in accordance with the mail hours are posted on the e-Grants Web electronic application for this or hand delivery instructions described site. competition; and in this notice. • You will not receive additional (2)(a) E-Application is unavailable for b. Submission of Paper Applications point value because you submit your 60 minutes or more between the hours by Mail. application in electronic format, nor of 8:30 a.m. and 3:30 p.m., Washington, If you qualify for an exception to the will we penalize you if you qualify for DC time, on the application deadline electronic submission requirement, you an exception to the electronic date; or may mail (through the U.S. Postal submission requirement, as described (b) E-Application is unavailable for Service or a commercial carrier) your elsewhere in this section, and submit any period of time between 3:30 p.m. application to the Department. You your application in paper format. and 4:30:00 p.m., Washington, DC time, must mail the original and two copies • You must submit all documents on the application deadline date. of your application, on or before the electronically, including all information We must acknowledge and confirm application deadline date, to the you typically provide on the following these periods of unavailability before Department at the following address:

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U.S. Department of Education, Application Control Center at (202) 245– students with intellectual disabilities Application Control Center, 6288. into higher education and to enable Attention: (CFDA Number 84.407A), institutions of higher education (or LBJ Basement Level 1, 400 Maryland V. Application Review Information consortia of institutions of higher Avenue, SW., Washington, DC 20202– 1. Selection Criteria: The selection education), to create or expand high 4260. criteria for this program are from 34 CFR quality, inclusive model comprehensive You must show proof of mailing 75.210 and are listed in the application transition and postsecondary programs consisting of one of the following: package. for students with intellectual (1) A legibly dated U.S. Postal Service 2. Review and Selection Process: disabilities. To assess the success of the postmark. Based on section 767(c)(1) and (2) of the grantees in meeting this goal, grantees (2) A legible mail receipt with the HEA, additional factors we consider in will be required to submit annual date of mailing stamped by the U.S. selecting an application for an award are performance reports to the Secretary, Postal Service. as follows: ensuring an equitable including documentation of: Resource (3) A dated shipping label, invoice, or geographic distribution of grants, and inputs, including sources of student receipt from a commercial carrier. providing grant funds to projects that financial assistance and contributions (4) Any other proof of mailing will serve areas that are underserved by from vocational rehabilitation and other acceptable to the Secretary of the U.S. programs of this type. service agencies; student characteristics; Department of Education. VI. Award Administration Information program staffing; and student academic, If you mail your application through social, and employment outcomes. In the U.S. Postal Service, we do not 1. Award Notices: If your application is successful, we notify your U.S. accordance with section 767(d)(5) of the accept either of the following as proof HEA, grantees will be required to of mailing: Representative and U.S. Senators and send you a Grant Award Notification participate in evaluation activities (1) A private metered postmark. conducted by the coordinating center (2) A mail receipt that is not dated by (GAN). We may notify you informally, also. established by section 777(b) of the the U.S. Postal Service. HEA. As part of these reports and If your application is postmarked after If your application is not evaluated or evaluation activities, grantees will be the application deadline date, we will not selected for funding, we will notify expected to work closely with the not consider your application. you. 2. Administrative and National Policy coordinating center to develop Note: The U.S. Postal Service does not Requirements: We identify performance measures most closely uniformly provide a dated postmark. Before administrative and national policy aligned with activities that promote the relying on this method, you should check successful transition of students with with your local post office. requirements in the application package and reference these and other disabilities into higher education. c. Submission of Paper Applications requirements in the Applicable Grantees will be asked to provide by Hand Delivery. Regulations section of this notice. information to the coordinating center If you qualify for an exception to the We reference the regulations outlining such as: (1) A description of the electronic submission requirement, you the terms and conditions of an award in population of students targeted to (or a courier service) may deliver your the Applicable Regulations section of receive assistance under their grant; (2) paper application to the Department by this notice and include these and other evidence of academic and social hand. You must deliver the original and specific conditions in the GAN. The inclusion of students with intellectual two copies of your application, by hand, GAN also incorporates your approved disabilities in academic courses, on or before the application deadline application as part of your binding extracurricular activities, and other date, to the Department at the following commitments under the grant. aspects of the IHE’s regular address: 3. Reporting: At the end of your postsecondary program; (3) a U.S. Department of Education, project period, you must submit a final description of how the model program Application Control Center, performance report, including financial addresses individualized student needs Attention: (CFDA Number 84.407A), information, as directed by the and improvement through person- 550 12th Street, SW., Room 7041, Secretary. If you receive a multi-year centered planning, academic Potomac Center Plaza, Washington, award, you must submit an annual enrichment, socialization, independent DC 20202–4260. performance report that provides the living skills, and integrated work The Application Control Center most current performance and financial experiences and career skills; (4) a accepts hand deliveries daily between expenditure information as directed by description of how the program leads to 8:00 a.m. and 4:30:00 p.m., Washington, the Secretary under 34 CFR 75.118. The gainful employment and data systems DC time, except Saturdays, Sundays, Secretary may also require more used to track student outcomes; (5) a and Federal holidays. frequent performance reports under 34 description of how the model program’s Note for Mail or Hand Delivery of Paper CFR 75.720(c). For specific partnership with one or more LEAs Applications: If you mail or hand deliver requirements on reporting, please go to supports students with intellectual your application to the Department— http://www.ed.gov/fund/grant/apply/ disabilities participating in the model (1) You must indicate on the envelope appforms/appforms.html. program who are still eligible for funds and—if not provided by the Department—in 4. Performance Measures: The under the IDEA; (6) plans for program Item 11 of the SF 424 the CFDA number, Government Performance and Results sustainability beyond the grant period; including suffix letter, if any, of the Act (GPRA) of 1993 directs Federal (7) a detailed description of the competition under which you are submitting departments and agencies to improve meaningful credential offered to your application; and the effectiveness of their programs by students with intellectual disabilities; (2) The Application Control Center will mail to you a notification of receipt of your engaging in strategic planning, setting (8) data regarding the change in grant application. If you do not receive this outcome-related goals for programs, and enrollment of students with intellectual grant notification within 15 business days measuring program results against those disabilities at the IHE; (9) data regarding from the application deadline date, you goals. The goal of the TPSID program is persistence and completion of students should call the U.S. Department of Education to promote the successful transition of with intellectual disabilities; (10) a

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detailed description of measureable Dated: June 25, 2010. a coordinator whose primary goals for the individual project, planned Daniel T. Madzelan, responsibility is to coordinate the model methods of achieving those goals, and Director, Forecasting and Policy Analysis. program; monitoring the rates of veteran progress towards meeting the goals; and [FR Doc. 2010–15927 Filed 6–29–10; 8:45 am] student enrollment, persistence, and (11) if applicable, a description of how BILLING CODE 4000–01–P completion; and developing a plan to the grantee continues to address the sustain the Center of Excellence for competitive preference priorities Veteran Student Success after the grant described in this notice related to DEPARTMENT OF EDUCATION period. sustained and meaningful partnerships Invitational Priority: Under this with relevant agencies, the participation Office of Postsecondary Education; competition we are particularly of students with intellectual disabilities Overview Information Centers of interested in applications that address in institutionally owned or operated Excellence for Veteran Student the following invitational priority. housing, and the involvement of Success; Notice Inviting Applications Under 34 CFR 75.105(c)(1) we do not students attending the IHE who are for New Awards for Fiscal Year (FY) give an application that meets this studying special education, general 2010 invitational priority a competitive or education, vocational rehabilitation, absolute preference over other Catalog of Federal Domestic assistive technology, or related fields in applications. Assistance (CFDA) Number: 84.116G. the model program. This priority is: Dates: Projects that detail specific steps that VII. Agency Contact Applications Available: June 30, 2010. Deadline for Transmittal of will be taken to recruit, retain, and Applications: July 30, 2010. graduate veterans from groups with FOR FURTHER INFORMATION CONTACT: college completion rates that are below Shedita Alston, U.S. Department of Deadline for Intergovernmental Review: September 28, 2010. the national average—such as English Education, Transition Programs for language learners and homeless Students with Intellectual Disabilities Full Text of Announcement veterans—as well as veterans who are into Higher Education Program, 1990 K I. Funding Opportunity Description members of groups that have Street, NW., room 6131, Washington, traditionally been underrepresented in DC 20006–8524. Telephone: (202) 502– Purpose of Program: The purpose of postsecondary education based on race, 7808, or by e-mail: this program is to encourage institutions color, national origin, gender, or [email protected]. of higher education (IHEs) to develop disability. If you use a TDD, call the FRS, toll model programs to support veteran Program Authority: 20 U.S.C. 1161t. free, at 1–800–877–8339. student success in postsecondary Applicable Regulations: The education by coordinating services to Education Department General VIII. Other Information address the academic, financial, Administrative Regulations (EDGAR) in physical, and social needs of veteran Accessible Format: Individuals with 34 CFR parts 74, 75, 77, 79, 82, 84, 85, students. 86, 97, 98, and 99. disabilities can obtain this document Priorities: This notice contains one and a copy of the application package in absolute priority and one invitational Note: The regulations in 34 CFR part 79 an accessible format (e.g., braille, large priority. In accordance with 34 CFR apply to all applicants except federally recognized Indian tribes. print, audiotape, or computer diskette) 75.105(b)(2)(iv), the absolute priority is on request to the program contact from section 873 of the Higher II. Award Information person listed under FOR FURTHER Education Act of 1965, as amended INFORMATION CONTACT in section VII of (HEA) (20 U.S.C. 1161t). Type of Award: Discretionary grants. this notice. Absolute Priority: For FY 2010 and Estimated Available Funds: Electronic Access to This Document: any subsequent year in which we make $5,940,000. You can view this document, as well as awards from the list of unfunded Estimated Range of Awards: $250,000 all other documents of this Department applications from this competition, this to $400,000. published in the Federal Register, in priority is an absolute priority. Under 34 Estimated Average Size of Awards: text or Adobe Portable Document CFR 75.105(c)(3) we consider only $313,000 for 36 months. Format (PDF) on the Internet at the applications that meet this priority. Estimated Number of Awards: 19. following site: http://www.ed.gov/news/ This priority is: Note: The Department is not bound by any fedregister. To use PDF you must have Projects that include the following estimates in this notice. Adobe Acrobat Reader, which is required activities: Project Period: 36 months. available free at this site. Establishing a Center of Excellence for Veteran Student Success on the campus III. Eligibility Information Note: The official version of this document of the institution to provide a single is the document published in the Federal 1. Eligible Applicants: Institutions of point of contact to coordinate Register. Free Internet access to the official higher education. comprehensive support services for edition of the Federal Register and the Code 2. Cost Sharing or Matching: This of Federal Regulations is available on GPO veteran students; establishing a veteran program does not require cost sharing or Access at: http://www.gpoaccess.gov/nara/ student support team, including matching. index.html. representatives from the offices of the institution responsible for admissions, IV. Application and Submission Delegation of Authority: The Secretary registration, financial aid, veterans Information of Education has delegated authority to benefits, academic advising, student 1. Address to Request Application Daniel T. Madzelan, Director, health, personal or mental health Package: ED Pubs, U.S. Department of Forecasting and Policy Analysis for the counseling, career advising, disabilities Education, P.O. Box 22207, Alexandria, Office of Postsecondary Education to services, and any other office of the VA 22304. Telephone, toll free: 1–877– perform the functions of the Assistant institution that provides support to 433–7827. FAX: (703) 605–6794. If you Secretary for Postsecondary Education. veteran students on campus; providing use a telecommunications device for the

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deaf (TDD), call, toll free: 1–877–576– electronically using the Electronic Grant The CCR registration process may take 7734. Application System (e-Application) five or more business days to complete. You can contact ED Pubs at its Web accessible through the Department’s e- If you are currently registered with the site, also: http://www.EDPubs.gov or at Grants site. For information (including CCR, you may not need to make any its e-mail address: [email protected]. dates and times) about how to submit changes. However, please make certain If you request an application package your application electronically, or in that the TIN associated with your DUNS from ED Pubs, be sure to identify this paper format by mail or hand delivery number is correct. Also note that you program or competition as follows: if you qualify for an exception to the will need to update your CCR CFDA number 84.116G. electronic submission requirement, registration on an annual basis. This Individuals with disabilities can please refer to Section IV. 7. Other may take three or more business days to obtain a copy of the application package Submission Requirements of this notice. complete. in an accessible format (e.g., braille, We do not consider an application 7. Other Submission Requirements: large print, audiotape, or computer that does not comply with the deadline Applications for grants under this diskette) by contacting the person or requirements. program must be submitted team listed under Accessible Format in Individuals with disabilities who electronically unless you qualify for an Section VIII of this notice. need an accommodation or auxiliary aid exception to this requirement in 2. Content and Form of Application in connection with the application accordance with the instructions in this Submission: Requirements concerning process should contact the person listed section. the content of an application, together under FOR FURTHER INFORMATION a. Electronic Submission of with the forms you must submit, are in CONTACT in Section VII of this notice. If Applications. Applications for grants under the the application package for this the Department provides an Centers of Excellence for Veteran program. accommodation or auxiliary aid to an Student Success Program—CFDA Page Limit: The application narrative individual with a disability in Number 84.116G must be submitted is where you, the applicant, address the connection with the application electronically using e-Application, selection criteria that reviewers use to process, the individual’s application accessible through the Department’s e- evaluate your application. You must remains subject to all other Grants Web site at: http://e- limit the application narrative to no requirements and limitations in this grants.ed.gov. more than 15 pages, using the following notice. We will reject your application if you standards: Deadline for Intergovernmental • ‘‘ ’’ ″ ″ submit it in paper format unless, as A page is 8.5 x 11 , on one side Review: September 28, 2010. only, with 1″ margins at the top, bottom, described elsewhere in this section, you 4. Intergovernmental Review: This and both sides. qualify for one of the exceptions to the competition is subject to Executive • Double space (no more than three electronic submission requirement and Order 12372 and the regulations in 34 lines per vertical inch) all text in the submit, no later than two weeks before CFR part 79. Information about application narrative, except titles, the application deadline date, a written Intergovernmental Review of Federal headings, footnotes, quotations, statement to the Department that you Programs under Executive Order 12372 references, and captions, as well as all qualify for one of these exceptions. is in the application package for this text in charts, tables, figures and graphs. Further information regarding • Use a font that is either 12 point or program. calculation of the date that is two weeks larger, or no smaller than 10 pitch 5. Funding Restrictions: We reference before the application deadline date is (characters per inch). regulations outlining funding provided later in this section under • Use one of the following fonts: restrictions in the Applicable Exception to Electronic Submission Times New Roman, Courier, Courier Regulations section of this notice. Requirement. New, or Arial. An application submitted 6. Data Universal Numbering System While completing your electronic in any other font (including Times Number, Taxpayer Identification application, you will be entering data Roman or Arial Narrow) will not be Number, and Central Contractor online that will be saved into a accepted. Registry: To do business with the database. You may not e-mail an The page limit does not apply to Part Department of Education, (1) You must electronic copy of a grant application to I, the cover sheet; Part II, the budget have a Data Universal Numbering us. section, including the narrative budget System (DUNS) number and a Taxpayer Please note the following: justification; Part IV, the assurances and Identification Number (TIN); (2) you • You must complete the electronic certifications; the table of contents; the must register both of those numbers submission of your grant application by one page abstract, the resumes, the with the Central Contractor Registry 4:30:00 p.m., Washington, DC time, on bibliography or citation list, letters of (CCR), the Government’s primary the application deadline date. E- partners’ or other collaborators’ registrant database; and (3) you must Application will not accept an commitment, or letters from provide those same numbers on your application for this competition after institutional administrators that application. 4:30:00 p.m., Washington, DC time, on document the applicant’s current You can obtain a DUNS number from the application deadline date. activities to support veteran student Dun and Bradstreet. A DUNS number Therefore, we strongly recommend that enrollment, persistence, and can be created within one business day. you do not wait until the application completion. If you are a corporate entity, agency, deadline date to begin the application We will reject your application if you institution, or organization, you can process. exceed the page limit. obtain a TIN from the Internal Revenue • The hours of operation of the e- 3. Submission Dates and Times: Service. If you are an individual, you Grants Web site are 6:00 a.m. Monday Applications Available: June 30, 2010. can obtain a TIN from the Internal until 7:00 p.m. Wednesday; and 6:00 Deadline for Transmittal of Revenue Service or the Social Security a.m. Thursday until 8:00 p.m. Sunday, Applications: July 30, 2010. Administration. If you need a new TIN, Washington, DC time. Please note that, Applications for grants under this please allow 2–5 weeks for your TIN to because of maintenance, the system is program must be submitted become active. unavailable between 8:00 p.m. on

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Sundays and 6:00 a.m. on Mondays, and hand delivery. We will grant this Your paper application must be between 7:00 p.m. on Wednesdays and extension if— submitted in accordance with the mail 6:00 a.m. on Thursdays, Washington, (1) You are a registered user of e- or hand delivery instructions described DC time. Any modifications to these Application and you have initiated an in this notice. hours are posted on the e-Grants Web electronic application for this b. Submission of Paper Applications site. competition; and by Mail. • You will not receive additional (2) (a) E-Application is unavailable for If you qualify for an exception to the point value because you submit your 60 minutes or more between the hours electronic submission requirement, you application in electronic format, nor of 8:30 a.m. and 3:30 p.m., Washington, may mail (through the U.S. Postal will we penalize you if you qualify for DC time, on the application deadline Service or a commercial carrier) your an exception to the electronic date; or application to the Department. You submission requirement, as described (b) E-Application is unavailable for must mail the original and two copies elsewhere in this section, and submit any period of time between 3:30 p.m. of your application, on or before the your application in paper format. and 4:30:00 p.m., Washington, DC time, application deadline date, to the • You must submit all documents on the application deadline date. Department at the following address: electronically, including all information We must acknowledge and confirm U.S. Department of Education, you typically provide on the following these periods of unavailability before Application Control Center, forms: the Application for Federal granting you an extension. To request Attention: (CFDA Number 84.116G), Assistance (SF 424), the Department of this extension or to confirm our LBJ Basement Level 1, 400 Maryland Education Supplemental Information for acknowledgment of any system Avenue, SW., Washington, DC 20202– SF 424, Budget Information—Non- unavailability, you may contact either 4260. Construction Programs (ED 524), and all (1) the person listed elsewhere in this You must show proof of mailing necessary assurances and certifications. notice under FOR FURTHER INFORMATION consisting of one of the following: You must attach any narrative sections CONTACT (See VII. Agency Contact) or (2) (1) A legibly dated U.S. Postal Service of your application as files in a .DOC the e-Grants help desk at 1–888–336– postmark. (document), .RTF (rich text), or .PDF 8930. If e-Application is unavailable (2) A legible mail receipt with the (Portable Document) format. If you due to technical problems with the date of mailing stamped by the U.S. upload a file type other than the three system and, therefore, the application Postal Service. file types specified in this paragraph or deadline is extended, an e-mail will be (3) A dated shipping label, invoice, or submit a password protected file, we sent to all registered users who have receipt from a commercial carrier. (4) Any other proof of mailing will not review that material. initiated an e-Application. Extensions acceptable to the Secretary of the U.S. • Your electronic application must referred to in this section apply only to Department of Education. comply with any word limit the unavailability of e-Application. Exception to Electronic Submission If you mail your application through requirements described in this notice. the U.S. Postal Service, we do not • Prior to submitting your electronic Requirement: You qualify for an accept either of the following as proof application, you may wish to print a exception to the electronic submission of mailing: copy of it for your records. requirement, and may submit your • application in paper format, if you are (1) A private metered postmark. After you electronically submit (2) A mail receipt that is not dated by unable to submit an application through your application, you will receive an the U.S. Postal Service. automatic acknowledgment that will e-Application because— If your application is postmarked after • You do not have access to the include a PR/Award number (an the application deadline date, we will identifying number unique to your Internet; or • not consider your application. application). You do not have the capacity to • Within three working days after upload large documents to e- Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before submitting your electronic application, Application; and • No later than two weeks before the relying on this method, you should check fax a signed copy of the SF 424 to the with your local post office. Application Control Center after application deadline date (14 calendar following these steps: days; or, if the fourteenth calendar day c. Submission of Paper Applications (1) Print SF 424 from e-Application. before the application deadline date by Hand Delivery. (2) The applicant’s Authorizing falls on a Federal holiday, the next If you qualify for an exception to the Representative must sign this form. business day following the Federal electronic submission requirement, you (3) Place the PR/Award number in the holiday), you mail or fax a written (or a courier service) may deliver your upper right hand corner of the hard- statement to the Department, explaining paper application to the Department by copy signature page of the SF 424. which of the two grounds for an hand. You must deliver the original and (4) Fax the signed SF 424 to the exception prevents you from using the two copies of your application, by hand, Application Control Center at (202) Internet to submit your application. If on or before the application deadline 245–6272. you mail your written statement to the date, to the Department at the following • We may request that you provide us Department, it must be postmarked no address: original signatures on other forms at a later than two weeks before the U.S. Department of Education, later date. application deadline date. If you fax Application Control Center, Application Deadline Date Extension your written statement to the Attention: (CFDA Number 84.116G), in Case of e-Application Unavailability: Department, we must receive the faxed 550 12th Street, SW., Room 7041, If you are prevented from electronically statement no later than two weeks Potomac Center Plaza, Washington, submitting your application on the before the application deadline date. DC 20202–4260. application deadline date because e- Address and mail or fax your The Application Control Center Application is unavailable, we will statement to: Cassandra Courtney, U.S. accepts hand deliveries daily between grant you an extension of one business Department of Education, 1990 K Street, 8:00 a.m. and 4:30:00 p.m., Washington, day to enable you to transmit your NW., room 6166, Washington, DC DC time, except Saturdays, Sundays, application electronically, by mail, or by 20006–8544. FAX: (202) 502–7877. and Federal holidays.

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Note for Mail or Hand Delivery of Paper of the Centers of Excellence for Veteran DEPARTMENT OF EDUCATION Applications: If you mail or hand deliver Student Success Program: The extent to [CFDA No. 84.215L] your application to the Department— which funded projects increase (1) You must indicate on the envelope and—if not provided by the Department—in enrollment of, and persistence and Office of Elementary and Secondary Item 11 of the SF 424 the CFDA number, completion by, veteran students in Education; Smaller Learning including suffix letter, if any, of the postsecondary education. Communities Program; Notice Inviting competition under which you are submitting If funded, you will be asked to collect Applications for New Awards Using your application; and and report data on these measures in Fiscal Year (FY) 2009 Funds; (2) The Application Control Center will Correction mail to you a notification of receipt of your your project’s annual performance grant application. If you do not receive this report (34 CFR 75.590). SUMMARY: On June 23, 2010, we grant notification within 15 business days VII. Agency Contact published in the Federal Register (75 from the application deadline date, you FR 35894) a notice inviting applications should call the U.S. Department of Education For Further Information Contact: for new awards using fiscal year (FY) Application Control Center at (202) 245– 2009 funds for the Smaller Learning 6288. Cassandra Courtney, Fund for the Improvement of Postsecondary Communities Program. There are errors in two of the dates in that notice. We are V. Application Review Information Education, U.S. Department of Education, 1990 K Street, NW., room correcting those dates in this notice. Selection Criteria: The selection SUPPLEMENTARY INFORMATION: criteria for this program are from 34 CFR 6166, Washington, DC 20006–8544. 75.210 and section 873 of the HEA (20 Telephone: (202) 502–7506. Correction U.S.C. 1161t) and are listed in the If you use a TDD, call the FRS, toll 1. On page 35896, third column, the application package. free, at 1–800–877–8339. deadline for the Notice of Intent to Apply is corrected to read ‘‘July 15, VI. Award Administration Information VIII. Other Information 2010.’’ 1. Award Notices: If your application Accessible Format: Individuals with 2. On page 35897, first column, under is successful, we notify your U.S. disabilities can obtain this document the heading Notice of Intent to Apply, Representative and U.S. Senators and and a copy of the application package in the second sentence is removed and send you a Grant Award Notification an accessible format (e.g., braille, large replaced with the following sentence: (GAN). We may notify you informally, ‘‘Therefore, we strongly encourage each print, audiotape, or computer diskette) also. potential applicant to send an e-mail on request to the program contact If your application is not evaluated or notice of its intent to apply for funding FOR FURTHER not selected for funding, we notify you. person listed under by July 15, 2010.’’ 2. Administrative and National Policy INFORMATION CONTACT in Section VII of 3. On page 35897, first column, the Requirements: We identify this notice. deadline for the Transmittal of administrative and national policy Electronic Access to This Document: Applications is corrected to read requirements in the application package You can view this document, as well as ‘‘August 6, 2010.’’ and reference these and other all other documents of this Department FOR FURTHER INFORMATION CONTACT: requirements in the Applicable published in the Federal Register, in Angela Hernandez-Marshall, U.S. Regulations section of this notice. text or Adobe Portable Document Department of Education, 400 Maryland We reference the regulations outlining Format (PDF), on the Internet at the Avenue, SW., room 3E308, Washington, the terms and conditions of an award in following site: http://www.ed.gov/news/ DC 20202–6200. Telephone: 202–205– the Applicable Regulations section of fedregister. 1909 or by e-mail: this notice and include these and other [email protected]. specific conditions in the GAN. The To use PDF, you must have Adobe If you use a TDD, call the Federal GAN also incorporates your approved Acrobat Reader, which is available free Relay Service, toll free, at 1–800–877– application as part of your binding at this site. 8339. commitments under the grant. Note: The official version of this document Accessible Format: Individuals with 3. Reporting: At the end of your is the document published in the Federal disabilities can obtain this document project period, you must submit a final Register. Free Internet access to the official and a copy of the application package in performance report, including financial edition of the Federal Register and the Code an accessible format (e.g., braille, large information, as directed by the of Federal Regulations is available on GPO print, audiotape, or computer diskette) Secretary. If you receive a multi-year Access at: http://www.gpoaccess.gov/nara/ on request to the program contact award, you must submit an annual index.html. person listed under FOR FURTHER performance report that provides the INFORMATION CONTACT in section VII of most current performance and financial Delegation of Authority: The Secretary this notice. expenditure information as directed by of Education has delegated authority to Electronic Access to This Document: the Secretary under 34 CFR 75.118. The Daniel T. Madzelan, Director, You can view this document, as well as Secretary may also require more Forecasting and Policy Analysis for the all other documents of this Department frequent performance reports under 34 Office of Postsecondary Education, to published in the Federal Register, in CFR 75.720(c). For specific perform the functions and duties of the text or Adobe Portable Document requirements on reporting, please go to Assistant Secretary for Postsecondary Format (PDF) on the Internet at the http://www.ed.gov/fund/grant/apply/ Education. following site: http://www.ed.gov/news/ fedregister. To use PDF you must have appforms/appforms.html. Dated: June 25, 2010. 4. Performance Measures: Under the Adobe Acrobat Reader, which is Government Performance and Results Daniel T. Madzelan, available free at this site. Act of 1993 (GPRA), the following Director, Forecasting and Policy Analysis. performance measures will be used by [FR Doc. 2010–15919 Filed 6–29–10; 8:45 am] Note: The official version of this document the Department in assessing the success BILLING CODE 4000–01–P is the document published in the Federal

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Register. Free Internet access to the official limitation in 34 CFR 75.261(c)(2) that Entities that have been historically edition of the Federal Register and the Code prohibits extension of a project period if eligible for these programs are: of Federal Regulations is available on GPO it involves the obligation of additional Institutions of higher education (IHEs), Access at: http://www.gpoaccess.gov/nara/ museums, libraries, and other public index.html. Federal funds. DATES: We must receive your comments and private agencies, organizations, and Dated: June 25, 2010. on or before July 30, 2010. institutions (including for-profit Thelma Mele´ndez de Santa Ana, ADDRESSES: Address all comments about institutions) and consortia of such Assistant Secretary for Elementary and this notice to Kelly O’Donnell, U.S. agencies, organizations, and Secondary Education. Department of Education, 400 Maryland institutions. Applicants must provide [FR Doc. 2010–15917 Filed 6–29–10; 8:45 am] Avenue, SW., room 4W253, evidence of their organization’s demonstrated expertise in historical BILLING CODE 4000–01–P Washington, DC 20202–5960. If you prefer to send your comments by e-mail, methodology or the teaching of history. We seek this waiver and extension of use the following address: project period in order to enable each of DEPARTMENT OF EDUCATION [email protected]. You must include the current grantees to strengthen the the term ‘‘Waiver’’ in the subject line of quality of its evaluation and other data Proposed Waivers and Extensions of your electronic message. Project Periods: Presidential collection and reporting, and to conduct FOR FURTHER INFORMATION CONTACT: Academies and Congressional one additional round of academy Kelly O’Donnell. Telephone: (202) 205– Academies activities as approved in each grant 5231. award. We believe the additional time AGENCY: Office of Innovation and If you use a telecommunications and resources will provide information Improvement, Department of Education. device for the deaf (TDD), call the to strengthen this grant competition as ACTION: Notice of proposed waiver and Federal Relay Service (FRS), toll free, at well as similar professional extension of project period. 1–800–877–8339. development grant programs in coming SUPPLEMENTARY INFORMATION: Invitation years. SUMMARY: The Secretary proposes to to Comment: We invite you to submit The Presidential and Congressional waive the requirements in 34 CFR comments regarding this notice. Academies projects are relatively small, 75.250 and 75.261(c)(2) of the Education During and after the comment period, with defined intervention strategies Department General Administrative you may inspect all public comments consisting of summer workshops and Regulations (EDGAR), as they apply to about this notice of proposed waiver seminars. The small number of grants projects funded under the Presidential and extension of project period in room and the focus of the projects provide a Academies for American History and 4W335, 400 Maryland Avenue, SW., confined and structured environment in Civics Education, and 34 CFR Washington, DC, between the hours of which to collect data. Grantees will 75.261(c)(2), as it applies to the project 8:30 a.m. and 4:00 p.m., Washington, evaluate the effect of their new and funded under the Congressional DC time, Monday through Friday of previous activities on teacher content Academies for Students of American each week, except Federal holidays. knowledge and student achievement in History and Civics Education. These Assistance to Individuals With American history. regulations, respectively, generally Disabilities in Reviewing the The additional budget period will prohibit project periods exceeding five Rulemaking Record: On request we will provide resources and time for the years and any project period extensions provide an accommodation or auxiliary grantees to: (1) Collect information involving the obligation of additional aid to an individual with a disability about the components and design of Federal funds. A waiver as proposed who needs assistance to review the their new and previous activities, (2) would mean that (1) the project period comments or other documents in the analyze their intervention strategies to for the two current five-year grants public rulemaking record for this notice. identify the components of each, (3) funded under the Presidential If you want to schedule an appointment develop data collection rubrics to Academies for American History and for this type of accommodation or determine if and the extent to which Civics Education would be extended auxiliary aid, please contact the person one or more of the components are through fiscal year (FY) 2012, for up to listed under FOR FURTHER INFORMATION integrated into the participants’ an additional 24-month budget period, CONTACT. classroom teaching, (4) collect data from instead of ending in FY 2010, and these the participating teachers on whether grantees could thus receive additional Background and what specific components of the Federal funding (out of FY 2010 funds) The Presidential Academies for professional development intervention beyond the five-year limitation American History and Civics Education are linked to improved content contained in 34 CFR 75.250 and (Presidential Academies) program funds knowledge and student achievement, (5) notwithstanding the limitation in 34 projects that offer workshops for both conduct an additional round of CFR 75.261(c)(2) that prohibits veteran and new teachers of American academies in 2011 (but not in 2012), extension of a project period if it history and civics to strengthen their and (6) prepare and submit to the involves the obligation of additional knowledge of, and preparation for, Department a final report. Although the Federal funds; and (2) the project period teaching these subjects. The budget periods will be extended for up of the one current three-year grantee Congressional Academies for Students to 24 months to allow for completion of funded under the Congressional of American History and Civics the evaluation activities, grantees would Academies for Students of American Education (Congressional Academies) receive only one additional year’s worth History and Civics Education would be program funds projects that help of funds out of the FY 2010 extended through FY 2012, for up to an students to develop a broader and appropriation. additional 24-month budget period, deeper understanding of these subjects. In the case of these projects we instead of ending in FY 2010, and this Currently, the Presidential Academies believe it is preferable to review grantee would continue to receive program funds two grantees, and the requests for continuation awards from additional Federal funds (out of FY Congressional Academies program the current grantees and extend 2010 funds) notwithstanding the funds one grantee. currently funded projects, rather than

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hold a new competition in FY 2010. periods exceeding five years and on request to the contact person listed Authorizing current grantees to request extensions of project periods that under FOR FURTHER INFORMATION additional funds would be a more involve the obligation of additional CONTACT. appropriate and effective means of Federal funds, for the current Electronic Access to This Document: continuing current projects and would Presidential Academies and You can view this document, as well as result in a more cost-effective use of Congressional Academies grantees. all other documents of this Department Federal funds. published in the Federal Register, in Therefore, the Secretary proposes to Regulatory Flexibility Act Certification text or Adobe Portable Document waive the requirements in 34 CFR The Secretary certifies that this Format (PDF) on the Internet at the 75.250, which prohibit project periods proposed waiver and extension of following site: http://www.ed.gov/news/ exceeding five years, and the project period would not have a fedregister. To use PDF you must have requirements in 34 CFR 75.261(c)(2), significant economic impact on a Adobe Acrobat Reader, which is which limit the extension of a project substantial number of small entities. available free at this site. period if it involves the obligation of The small entities that would be Note: The official version of this document additional Federal funds. With this affected by this notice are those that is the document published in the Federal waiver and extension of project period: have been historically eligible to receive Register. Free Internet access to the official (1) Current Presidential Academies and an award under a competition for the edition of the Federal Register and the Code Congressional Academies grantees Presidential Academies and of Federal Regulations is available on GPO would receive FY 2010 funds and Congressional Academies programs: Access at: http://www.gpoaccess.gov/nara/ continue to operate through FY 2012 to (1) Institutions of higher education. index.html. implement an additional budget period (2) Museums. (Catalog of Federal Domestic Assistance of up to 24 months; and (2) we would (3) Libraries. Numbers 84.215A, Presidential Academies not announce a new competition or (4) Other public and private agencies, for American History and Civics Education, make new awards under the organizations and institutions and 84.215D, Congressional Academies for Presidential Academies or (including for-profit institutions). Students of American History and Civics Congressional Academies programs in (5) Consortia of such agencies, Education) FY 2010. organizations, and institutions that Program Authority: 20 U.S.C. 6713. If the waiver of 34 CFR 75.250 and 34 show their organizations’ demonstrated Dated: June 25, 2010. CFR 75.261(c)(2) proposed in this notice expertise in historical methodology or James H. Shelton, III, is made, the requirements applicable to the teaching of history. Assistant Deputy Secretary for Innovation and continuation awards for current The Secretary certifies that the Improvement. Presidential Academies and proposed waiver and extension of [FR Doc. 2010–15921 Filed 6–29–10; 8:45 am] Congressional Academies grantees in 34 project period would not have a CFR 75.253 would apply to any significant economic impact on these BILLING CODE 4000–01–P continuation awards sought by eligible entities because the proposed waivers current grantees under these programs. and the activities required to support DEPARTMENT OF ENERGY The waiver of 34 CFR 75.250 and the additional years of funding would 75.261(c)(2) would not exempt current not impose excessive regulatory burdens Energy Employees Occupational Presidential Academies and or require unnecessary Federal Illness Compensation Program Act of Congressional Academies grantees from supervision. The proposed waiver 2000; Revision to List of Covered the account-closing provisions of 31 would impose minimal requirements to Facilities U.S.C. 1552(a), nor would it extend the ensure the proper expenditure of availability of funds previously awarded program funds, including requirements AGENCY: Department of Energy. to current grantees. As a result of 31 that are standard for continuation ACTION: Notice of revision of list of U.S.C. 1552(a), appropriations available awards. covered facilities. for a limited period may be used for payment of valid obligations for only Paperwork Reduction Act of 1995 SUMMARY: The Department of Energy five years after the expiration of their This notice does not contain any (‘‘Department’’ or ‘‘DOE’’) periodically period of availability for Federal information collection requirements. publishes or revises a list of facilities covered under the Energy Employees obligation. After that time, the Intergovernmental Review unexpended balance of those funds is Occupational Illness Compensation canceled and returned to the U.S. These programs are subject to Program Act of 2000, as amended Treasury Department and is unavailable Executive Order 12372 and the (‘‘EEOICPA’’ or ‘‘Act’’). This notice for restoration for any purpose. regulations in 34 CFR part 79. One of amends the previous lists by (1) We will announce the final waiver the objectives of the Executive Order is Removing two facilities designated as and extension of project period, if any, to foster an intergovernmental atomic weapons employer (AWE) in a notice in the Federal Register. We partnership and a strengthened facilities that should not have been so will determine the final waiver and federalism. The Executive Order relies designated; (2) correcting the covered extension of project period after on processes developed by State and periods for three listed AWE facilities; considering responses to this notice and local governments for coordination and and (3) identifying an additional work other information available to the review of proposed Federal financial site for each of two previously listed Department. assistance. facilities. In addition, for one of the This document provides early listed facilities for which a second work Proposed Waiver and Extension of notification of our specific plans and site is being identified, there is a related Project Period—Presidential Academies actions for these programs. change in the covered period. Previous and Congressional Academies Accessible Format: Individuals with lists or revisions were published on The Secretary proposes to waive the disabilities can obtain this document in April 9, 2009, June 28, 2007, November requirements in 34 CFR 75.250 and an accessible format (e.g., braille, large 30, 2005, August 23, 2004, July 21, 75.261(c)(2), which prohibit project print, audiotape, or computer diskette) 2003, December 27, 2002, June 11, 2001,

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and January 17, 2001. DOE intends to AWE facility is being removed from the indicates that the work on behalf of AEC provide any future updates to its facility list because the work performed by that was not begun until October 1953 and list only on its Web site. entity was not related to production of ended in September 1955. ADDRESSES: The Department welcomes an atomic weapon and was not • The covered period for the Wah comments on this notice. Comments performed for, or on behalf of, DOE or Chang facility in Albany, Oregon, is should be addressed to: Patricia R. its predecessor Agencies. DOE has also changed from 1956–1959 to 1971–1972 Worthington, PhD, Director, Office of recently become aware of additional based on recently discovered Health and Safety (HS–10), U.S. information regarding the work information. Department of Energy, 1000 locations for two previously listed Issued in Washington, DC, on June 21, Independence Avenue, SW., AWEs and related periods of covered 2010. Washington, DC 20585. work; and needed corrections for the Glenn S. Podonsky, covered time period for three other FOR FURTHER INFORMATION CONTACT: Chief Health, Safety and Security Officer, Patricia R. Worthington, PhD, Director, covered facilities on the list. This new Office of Health, Safety and Security. information is reflected in changes to Office of Health and Safety (HS–10), [FR Doc. 2010–15903 Filed 6–29–10; 8:45 am] (301) 903–5926. the list of covered facilities. DOE intends to provide any future updates to BILLING CODE 6450–01–P SUPPLEMENTARY INFORMATION: its facility list only on its Web site Purpose found at: http://www.hss.doe.gov/ DEPARTMENT OF ENERGY The EEOICPA establishes a program healthsafety/FWSP/Advocacy/faclist/ findfacility.cfm. to provide compensation to certain Environmental Management Site- This notice formally makes the employees who develop illnesses as a Specific Advisory Board, Paducah, KY changes to the list as indicated below: result of their employment with AWEs, • Painsville Site (Diamond AGENCY: Department of Energy (DOE). DOE and its predecessor Agencies, Magnesium Company) of Ohio is no ACTION: Notice of open meeting. certain of its contractors and longer designated as an AWE facility subcontractors, and listed beryllium because the work performed at that site SUMMARY: This notice announces a vendors. Section 3621(4) of the Act was not related to atomic weapons meeting of the Environmental (codified at 42 U.S.C. 7384l(4)) defines production and was not conducted by, Management Site-Specific Advisory an AWE as ‘‘an entity, other than the or on behalf of, DOE or its predecessor Board (EM SSAB), Paducah. The United States, that—(A) processed or Agencies. Federal Advisory Committee Act (Pub. produced, for use by the United States, • St. Louis Airport Storage Site is no L. 92–463, 86 Stat. 770) requires that material that emitted radiation and was longer designated as an AWE facility public notice of this meeting be used in the production of an atomic because the facility was owned by the announced in the Federal Register. weapon, excluding uranium mining and U.S. Government. However, it is DATES: Thursday, July 15, 2010, 6 p.m. milling; and (B) is designated by the currently designated by the Department Secretary of Energy as an [AWE] for the ADDRESSES: Barkley Centre, 111 of Labor as a DOE facility. Memorial Drive, Paducah, Kentucky purposes of the compensation program.’’ • The facility description for Babcock 42001. Section 3621(5) defines an AWE facility and Wilcox Technologies, Inc. (BWXT), as ‘‘a facility, owned by an [AWE], that Nuclear Facility in Lynchburg, Virginia, FOR FURTHER INFORMATION CONTACT: is or was used to process or produce, for is modified by adding a second site Reinhard Knerr, Deputy Designated use by the United States, material that where covered operations took place to Federal Officer, Department of Energy emitted radiation and was used in the reflect recently discovered information. Paducah Site Office, Post Office Box production of an atomic weapon, In addition, the covered time period is 1410, MS–103, Paducah, Kentucky excluding uranium mining or milling.’’ being changed to include the period of 42001, (270) 441–6825. The Act defines a DOE facility, in time covered work was performed at SUPPLEMENTARY INFORMATION: pertinent part, as ‘‘any building, this second site. Thus, an additional Purpose of the Board: The purpose of structure, or premise, including the time from 1956 to 1959 is being added. the Board is to make recommendations grounds upon which such building, • The covered period for Blockson to DOE–EM and site management in the structure, or premise is located—(A) in Chemical Company in Joliet, Illinois, is areas of environmental restoration, which operations are, or have been, changed from 1951–1962 to 1951–June waste management and related conducted by, or on behalf of, the 1960 because newly discovered activities. Department of Energy . . .; and (B) with information indicates that no uranium regard to which the Department of processing took place at that facility for Tentative Agenda Energy has or had—(i) a proprietary the Atomic Energy Commission (AEC), • Call to Order, Introductions, Review interest; or (ii) entered into a contract a predecessor to DOE, after June 1960. of Agenda with an entity to provide management • The facility description for • Deputy Designated Federal Officer’s and operation, management and Carborundum Company, of Niagara Comments integration, environmental remediation Falls, New York, is changed by adding • Federal Coordinator’s Comments services, construction, or maintenance a second distinct work location for this • Liaisons’ Comments services.’’ company, and the time period of the • Administrative Issues It has recently come to the attention work performed is changed to include • Presentations of the Department that one facility was the years 1943–1944 and 1959–1967. • Subcommittee Chairs’ Comments previously mistakenly designated as an These changes are made to reflect • Public Comments AWE facility because the designated recently discovered information. • Final Comments facility was owned by the U.S. • The covered period for Texas City • Adjourn Government, and the statutory Chemicals, Inc. (TCC), Texas City, Breaks Taken as Appropriate. definitions of AWE and AWE facility Texas, is changed from 1952–1956 to Public Participation: The EM SSAB, exclude facilities owned by the United October 1953–September 1955 to reflect Paducah, welcomes the attendance of States. A second entity identified as an recently discovered records, which the public at its advisory committee

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meetings and will make every effort to New Orleans, LA 70130; telephone register to do so beginning on July 13 at accommodate persons with physical number: 1–504–561–0500. 9 a.m. disabilities or special needs. If you FOR FURTHER INFORMATION CONTACT: Those not able to attend the meeting require special accommodations due to Christopher A. Smith, Designated or have insufficient time to address the a disability, please contact Reinhard Federal Officer, U.S. Department of committee are invited to send a written Knerr at least seven days in advance of Energy, 1000 Independence Avenue, statement to Christopher A. Smith, U.S. the meeting at the telephone number SW., Washington, DC 20585; telephone Department of Energy, 1000 listed above. Written statements may be (202) 586–0716 or facsimile (202) 586– Independence Avenue, SW., filed with the Board either before or 6221; e-mail BPDeepwaterHorizon Washington, DC 20585, or e-mail BPDeepwaterHorizon after the meeting. Individuals who wish [email protected]. to make oral statements pertaining to [email protected]. This notice is agenda items should contact Reinhard SUPPLEMENTARY INFORMATION: being published less than 15 days before Knerr at the address or telephone Background: The President directed the date of the meeting due to the number listed above. Requests must be that the Commission be established to national emergency that the received five days prior to the meeting examine the relevant facts and Commission is addressing. and reasonable provision will be made circumstances concerning the root Minutes: The minutes of the meeting to include the presentation in the causes of the Deepwater Horizon will be available by contacting Mr. agenda. The Deputy Designated Federal explosion, fire and oil spill and develop Smith. He may be reached at the postal Officer is empowered to conduct the options to guard against, and mitigate address or e-mail address above. meeting in a fashion that will facilitate the impact of, any oil spills associated Issued in Washington, DC on June 25, the orderly conduct of business. with offshore drilling in the future. 2010. Individuals wishing to make public The Commission is composed of Carol A. Matthews, comments will be provided a maximum seven members appointed by the Committee Management Officer. of five minutes to present their President to serve as special [FR Doc. 2010–15985 Filed 6–28–10; 11:15 am] comments. Government employees. The members BILLING CODE 6450–01–P Minutes: Minutes will be available by were selected because of their extensive writing or calling Reinhard Knerr at the scientific, legal, engineering, and address and phone number listed above. environmental expertise, and their DEPARTMENT OF ENERGY Minutes will also be available at the knowledge of issues pertaining to the oil following Web site: http:// and gas industry. DOE/NSF Nuclear Science Advisory www.pgdpcab.org/meetings.html. Purpose of the Meeting: Inform the Committee Issued at Washington, DC, on June 25, Commission members about the current AGENCY: Department of Energy, Office of 2010. status of the oil spill in the Gulf of Science. Rachel Samuel, Mexico. The meeting will provide the ACTION: Notice of open meeting. Deputy Committee Management Officer. Commission with the opportunity to hear presentations and statements from SUMMARY: This notice announces a [FR Doc. 2010–15905 Filed 6–29–10; 8:45 am] various experts and provide additional meeting of the DOE/NSF Nuclear BILLING CODE 6450–01–P information for the Commission’s Science Advisory Committee (NSAC). consideration. The Federal Advisory Committee Act DEPARTMENT OF ENERGY Tentative Agenda: The first day of the (Pub. L. 92–463, 86 Stat. 770) requires meeting is expected to start on July 12 that public notice of these meetings be National Commission on the BP at 9 a.m. Presentations to the announced in the Federal Register. Deepwater Horizon Oil Spill and Commission are expected to begin DATES: Friday, July 30, 2010. 9 a.m.–4 Offshore Drilling shortly thereafter. Public comments can p.m. be made on July 12 from 4 p.m. to 6 ADDRESSES: Crystal City Marriott at AGENCY: Department of Energy, Office of p.m. The second day of the meeting is Reagan National Airport, 1999 Jefferson Fossil Energy. expected to start on July 13 at 9 a.m. Davis Highway, Arlington, Virginia ACTION: Notice of open meeting. Presentations to the Commission are 22202, 703–413–5500. expected to begin shortly thereafter. SUMMARY: This notice announces an FOR FURTHER INFORMATION CONTACT: Public comments can be made on July Brenda L. May, U.S. Department of open meeting of the National 13 from 3 p.m. to 4 p.m. Commission on the BP Deepwater Energy; SC–26/Germantown Building, Public Participation: Individuals and 1000 Independence Avenue, SW., Horizon Oil Spill and Offshore Drilling representatives of organizations who (the Commission). The Commission was Washington, DC 20585–1290; would like to offer comments may do so Telephone: 301–903–0536. organized pursuant to the Federal on July 12 from 4 p.m. to 6 p.m. and Advisory Committee Act (Pub. L. 92– SUPPLEMENTARY INFORMATION: July 13 from 3 p.m. to 4 p.m. Purpose of Meeting: To provide 463, 86 Stat. 770) (the Act). The Act Approximately three hours total will be requires that agencies publish these advice and guidance on a continuing reserved for public comments. Time basis to the Department of Energy and notices in the Federal Register. The allotted per speaker will depend on the Charter of the Commission can be found the National Science Foundation on number who wish to speak but will not scientific priorities within the field of at: http://energy.gov/news/documents/ exceed 5 minutes. The Designated EXEC–2010–010234_2.pdf. basic nuclear science research. Federal Officer is empowered to Tentative Agenda: Agenda will DATES: Monday, July 12, 2010, 9 a.m.– conduct the meeting in a fashion that include discussions of the following: 6 p.m. and Tuesday, July 13, 2010, 9 will facilitate the orderly conduct of a.m.–4 p.m. business. Those wishing to speak on Friday, July 30, 2010 ADDRESSES: Hilton New Orleans July 12 should register to do so • Perspectives from Department of Riverside, River Room and Port beginning on July 12 at 9 a.m. and those Energy and National Science Starboard Room, Two Poydras Street, wishing to speak on July 13 should Foundation.

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• Update from the Department of last three digits in the docket number 888 First Street, NE., Washington, DC Energy and National Science field to access the document. For 20426. Foundation’s Nuclear Physics Office. assistance, contact FERC at Comment Date: July 14, 2010. • Technical Talk on Deep [email protected] or call Kimberly D. Bose, Underground Science and Engineering toll-free, (886) 208–3676 or TTY, (202) Laboratory (DUSEL). 502–8659. Secretary. • Public Comment (10-minute rule). Questions regarding this application [FR Doc. 2010–15835 Filed 6–29–10; 8:45 am] Public Participation: The meeting is should be directed to Margaret H. BILLING CODE 6717–01–P open to the public. If you would like to Peters, Assistant General Counsel, file a written statement with the DominionTransmission, Inc., 701 East Committee, you may do so either before Cary Street, Richmond, Virginia 23219, DEPARTMENT OF ENERGY or after the meeting. If you would like telephone (804) 771–3992, FAX (804) 771–3940, and e-mail Federal Energy Regulatory to make oral statements regarding any of Commission these items on the agenda, you should [email protected]. contact Brenda L. May, 301–903–0536 There are two ways to become [Project No. 459–298] or [email protected] (e- involved in the Commission’s review of mail). You must make your request for this project. First, any person wishing to Union Electric Company dba an oral statement at least 5 business obtain legal status by becoming a party AmerenUE; Notice of Application for days before the meeting. Reasonable to the proceedings for this project Amendment of License and Soliciting provision will be made to include the should, before the comment date of this Comments, Motions To Intervene, and scheduled oral statements on the notice, file with the Federal Energy Protests agenda. The Chairperson of the Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a June 23, 2010. Committee will conduct the meeting to Take notice that the following facilitate the orderly conduct of motion to intervene in accordance with the requirements of the Commission’s hydroelectric application has been filed business. Public comment will follow with the Commission and is available the 10-minute rule. Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations for public inspection: Minutes: The minutes of the meeting a. Application Type: Non-project use will be available on the U.S. Department under the NGA (18 CFR 157.10). A person obtaining party status will be of project lands and waters. of Energy’s Office of Nuclear Physics b. Project No: 459–298. Web site for viewing. placed on the service list maintained by the Secretary of the Commission and c. Date Filed: June 16, 2010. Rachel Samuel, will receive copies of all documents d. Applicant: Union Electric Company Deputy Committee Management Officer. filed by the applicant and by all other dba Ameren/UE. [FR Doc. 2010–15920 Filed 6–29–10; 8:45 am] parties. A party must submit 14 copies e. Name of Project: Osage Hydroelectric Project. BILLING CODE 6450–01–P of filings made with the Commission and must mail a copy to the applicant f. Location: The proposed non-project and to every other party in the use would be located near mile marker DEPARTMENT OF ENERGY proceeding. Only parties to the 31.2 + 5.7 in the Big Niangua Arm of proceeding can ask for court review of Lake of the Ozarks, in Camden County, Federal Energy Regulatory Commission orders in the proceeding. Missouri. Commission However, a person does not have to g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a–825r. [Docket No. CP10–464–000] intervene in order to have comments considered. The second way to h. Applicant Contact: Mr. Jeff Green, Dominion Transmission, Inc.; Notice of participate is by filing with the Shoreline Supervisor, AmerenUE, P.O. Application Secretary of the Commission, as soon as Box 993, Lake Ozark, MO 65049, (573) possible, an original and two copies of 365–9214. June 23, 2010. comments in support of or in opposition i. FERC Contact: Any questions on Take notice that on June 18, 2010, to this project. The Commission will this notice should be addressed to Dominion Transmission, Inc. (DTI), 120 consider these comments in Shana High at (202) 502–8674. Tredegar Street, Richmond, Virginia determining the appropriate action to be j. Deadline for filing comments, 23219, filed in Docket No. CP10–464– taken, but the filing of a comment alone motions to intervene, and protest: July 000 an application pursuant to section will not serve to make the filer a party 23, 2010. 7(b) of the Natural Gas Act and Part 157 to the proceeding. The Commission’s Comments, Motions to Intervene, and the Commission’s Rules and Regulations rules require that persons filing Protests may be filed electronically via for all the necessary authorizations comments in opposition to the project the Internet. See, 18 CFR required to refunctionalize as gathering provide copies of their protests only to 385.2001(a)(1)(iii) and the instructions and to abandon by sale approximately the party or parties directly involved in on the Commission’s Web site at 2.5 miles of 6 inch diameter pipeline the protest. http://www.ferc.gov under the ‘‘e-Filing’’ segment known as TL–415 located in The Commission strongly encourages link. If unable to be filed electronically, Potter County, Pennsylvania, all as more electronic filings of comments, protests, documents may be paper-filed. To fully set forth in the application which and interventions via the internet in lieu paper-file, an original and eight copies is on file with the Commission and open of paper. See 18 CFR 385.2001(a) (1) (iii) should be mailed to: Secretary, Federal to public inspection. and the instructions on the Energy Regulatory Commission, 888 Copies of this filing are available for Commission’s Web site (http:// First Street, NE., Washington, DC 20426. review at the Commission in the Public www.ferc.gov) under the ‘‘e-Filing’’ link. For more information on how to submit Reference Room, or may be viewed on Persons unable to file electronically these types of filings, please go to the the Commission’s Web site at http:// should submit an original and 14 copies Commission’s Web site located at www.ferc.gov using the ‘‘eLibrary’’ link. of the protest or intervention to the http://www.ferc.gov.filing- Enter the docket number excluding the Federal Energy regulatory Commission, comments.asp. Please include the

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project number (P–459–298) on any party to the proceeding. Any comments, or protests on persons other than the comments or motions filed. protests, or motions to intervene must Applicant. The Commission’s Rules of Practice be received on or before the specified The Commission encourages and Procedure require all interveners comment date for the particular electronic submission of protests and filing documents with the Commission application. interventions in lieu of paper using the to serve a copy of that document on o. Any filings must bear in all capital ‘‘eFiling’’ link at http://www.ferc.gov. each person whose name appears on the letters the title ‘‘COMMENTS’’, Persons unable to file electronically official service list for the project. ‘‘PROTEST’’, or ‘‘MOTION TO should submit an original and 14 copies Further, if an intervener files comments INTERVENE’’, as applicable, and the of the protest or intervention to the or documents with the Commission Project Number of the particular Federal Energy Regulatory Commission, relating to the merits of an issue that application to which the filing refers. 888 First Street, NE., Washington, DC may affect the responsibilities of a p. Agency Comments: Federal, state, 20426. particular resource agency, they must and local agencies are invited to file This filing is accessible on-line at also serve a copy of the document on comments on the described application. http://www.ferc.gov, using the that resource agency. A copy of any A copy of the application may be ‘‘eLibrary’’ link and is available for motion to intervene must also be served obtained by agencies directly from the review in the Commission’s Public upon each representative of the Applicant. If an agency does not file Reference Room in Washington, DC. Applicant specified in the particular comments within the time specified for There is an ‘‘eSubscription’’ link on the application. filing comments, it will be presumed to Web site that enables subscribers to k. Description of Request: The have no comments. One copy of an receive e-mail notification when a licensee requests Commission agency’s comments must also be sent to document is added to a subscribed authorization to permit Portofino the Applicant’s representatives. docket(s). For assistance with any FERC Condominiums, LLC to construct two Online service, please e-mail new docks and modify two existing Kimberly D. Bose, [email protected], or call docks. The total number of boat slips Secretary. (866) 208–3676 (toll free). For TTY, call after construction and modification [FR Doc. 2010–15839 Filed 6–29–10; 8:45 am] (202) 502–8659. would increase to 124 from 24. The BILLING CODE 6717–01–P Comment Date: 5 p.m. Eastern time docks would serve Portofino on Friday, July 2, 2010. Condominiums, a residential community. DEPARTMENT OF ENERGY Kimberly D. Bose, l. Locations of the Application: A Secretary. copy of the application is available for Federal Energy Regulatory [FR Doc. 2010–15832 Filed 6–29–10; 8:45 am] inspection and reproduction at the Commission BILLING CODE 6717–01–P Commission’s Public Reference Room, located at 888 First Street, NE., Room [Docket No. PR10–38–000] 2A, Washington, DC 20426, or by calling DEPARTMENT OF ENERGY (202) 502–8371. This filing may also be Louisville Gas and Electric Company; viewed on the Commission’s Web site at Notice of Baseline Filing Federal Energy Regulatory http://www.ferc.gov using the ‘‘eLibrary’’ Commission June 23, 2010. link. Enter the docket number excluding [Docket No. PR10–39–000] the last three digits in the docket Take notice that on June 21, 2010, number field to access the document. Louisville Gas and Electric Company Crosstex North Texas Pipeline, L.P.; You may also register online at http:// submitted a baseline filing of its FERC Notice of Baseline Filing www.ferc.gov/docs-filing/ Operating Statement for services esubscription.asp to be notified via e- provided under Section 311 of the June 23, 2010. mail of new filings and issuances Natural Gas Policy Act of 1978 Take notice that on June 21, 2010, related to this or other pending projects. (‘‘NGPA’’). Crosstex North Texas Pipeline, L.P. For assistance, call 1–866–208–3676 or Any person desiring to participate in submitted a baseline filing of its FERC e-mail [email protected], this rate proceeding must file a motion Operating Statement for services for TTY, call (202) 502–8659. A copy is to intervene or to protest this filing must provided under Section 311 of the also available for inspection and file in accordance with Rules 211 and Natural Gas Policy Act of 1978 reproduction at the address in item (h) 214 of the Commission’s Rules of (‘‘NGPA’’). above. Practice and Procedure (18 CFR 385.211 Any person desiring to participate in m. Individuals desiring to be included and 385.214). Protests will be this rate proceeding must file a motion on the Commission’s mailing list should considered by the Commission in to intervene or to protest this filing must so indicate by writing to the Secretary determining the appropriate action to be file in accordance with Rules 211 and of the Commission. taken, but will not serve to make 214 of the Commission’s Rules of n. Comments, Protests, or Motions to protestants parties to the proceeding. Practice and Procedure (18 CFR 385.211 Intervene: Anyone may submit Any person wishing to become a party and 385.214). Protests will be comments, a protest, or a motion to must file a notice of intervention or considered by the Commission in intervene in accordance with the motion to intervene, as appropriate. determining the appropriate action to be requirements of Rules of Practice and Such notices, motions, or protests must taken, but will not serve to make Procedure, 18 CFR 385.210, .211, .214. be filed on or before the date as protestants parties to the proceeding. In determining the appropriate action to indicated below. Anyone filing an Any person wishing to become a party take, the Commission will consider all intervention or protest must serve a must file a notice of intervention or protests or other comments filed, but copy of that document on the Applicant. motion to intervene, as appropriate. only those who file a motion to Anyone filing an intervention or protest Such notices, motions, or protests must intervene in accordance with the on or before the intervention or protest be filed on or before the date as Commission’s Rules may become a date need not serve motions to intervene indicated below. Anyone filing an

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intervention or protest must serve a motion to intervene, as appropriate. determining the appropriate action to be copy of that document on the Applicant. Such notices, motions, or protests must taken, but will not serve to make Anyone filing an intervention or protest be filed on or before the date as protestants parties to the proceeding. on or before the intervention or protest indicated below. Anyone filing an Any person wishing to become a party date need not serve motions to intervene intervention or protest must serve a must file a notice of intervention or or protests on persons other than the copy of that document on the Applicant. motion to intervene, as appropriate. Applicant. Anyone filing an intervention or protest Such notices, motions, or protests must The Commission encourages on or before the intervention or protest be filed on or before the date as electronic submission of protests and date need not serve motions to intervene indicated below. Anyone filing an interventions in lieu of paper using the or protests on persons other than the intervention or protest must serve a ‘‘eFiling’’ link at http://www.ferc.gov. Applicant. copy of that document on the Applicant. Persons unable to file electronically The Commission encourages Anyone filing an intervention or protest should submit an original and 14 copies electronic submission of protests and on or before the intervention or protest of the protest or intervention to the interventions in lieu of paper using the date need not serve motions to intervene Federal Energy Regulatory Commission, ‘‘eFiling’’ link at http://www.ferc.gov. or protests on persons other than the 888 First Street, NE., Washington, DC Persons unable to file electronically Applicant. 20426. should submit an original and 14 copies The Commission encourages This filing is accessible on-line at of the protest or intervention to the electronic submission of protests and http://www.ferc.gov, using the Federal Energy Regulatory Commission, interventions in lieu of paper using the ‘‘eLibrary’’ link and is available for 888 First Street, NE., Washington, DC ‘‘eFiling’’ link at http://www.ferc.gov. review in the Commission’s Public 20426. Persons unable to file electronically Reference Room in Washington, DC. This filing is accessible on-line at should submit an original and 14 copies There is an ‘‘eSubscription’’ link on the http://www.ferc.gov, using the of the protest or intervention to the Web site that enables subscribers to ‘‘eLibrary’’ link and is available for Federal Energy Regulatory Commission, receive email notification when a review in the Commission’s Public 888 First Street, NE., Washington, DC document is added to a subscribed Reference Room in Washington, DC. 20426. docket(s). For assistance with any FERC There is an ‘‘eSubscription’’ link on the This filing is accessible on-line at Online service, please e-mail Web site that enables subscribers to http://www.ferc.gov, using the [email protected], or call receive e-mail notification when a ‘‘eLibrary’’ link and is available for (866) 208–3676 (toll free). For TTY, call document is added to a subscribed review in the Commission’s Public (202) 502–8659. docket(s). For assistance with any FERC Reference Room in Washington, DC. Comment Date: 5 p.m. Eastern time Online service, please e-mail There is an ‘‘eSubscription’’ link on the on Friday, July 2, 2010. [email protected], or call Web site that enables subscribers to (866) 208–3676 (toll free). For TTY, call receive e-mail notification when a Kimberly D. Bose, (202) 502–8659. document is added to a subscribed Secretary. Comment Date: 5 p.m. Eastern time docket(s). For assistance with any FERC [FR Doc. 2010–15841 Filed 6–29–10; 8:45 am] on Friday, July 2, 2010. Online service, please e-mail BILLING CODE 6717–01–P [email protected], or call Kimberly D. Bose, (866) 208–3676 (toll free). For TTY, call Secretary. (202) 502–8659. DEPARTMENT OF ENERGY [FR Doc. 2010–15840 Filed 6–29–10; 8:45 am] Comment Date: 5 p.m. Eastern time BILLING CODE 6717–01–P Federal Energy Regulatory on Friday, July 2, 2010. Commission Kimberly D. Bose, [Docket No. PR10–40–000] DEPARTMENT OF ENERGY Secretary. [FR Doc. 2010–15838 Filed 6–29–10; 8:45 am] Federal Energy Regulatory Crosstex LIG, LLC; Notice of Baseline BILLING CODE 6717–01–P Filing Commission [Docket No. PR10–31–000] June 23, 2010. DEPARTMENT OF ENERGY Take notice that on June 21, 2010, DCP Guadalupe Pipeline, LLC; Notice Crosstex LIG, LLC submitted a baseline of Baseline Filing Federal Energy Regulatory filing of its FERC Operating Statement Commission for services provided under Section 311 June 23, 2010. [Docket No. PR10–37–000] of the Natural Gas Policy Act of 1978 Take notice that on June 10, 2010, (‘‘NGPA’’). DCP Guadalupe Pipeline, LLC Washington 10 Storage Corporation; Any person desiring to participate in submitted a baseline filing of its Storage Notice of Baseline Filing this rate proceeding must file a motion Statement of Operating Conditions for to intervene or to protest this filing must services provided under Section 311 of June 23, 2010. file in accordance with Rules 211 and the Natural Gas Policy Act of 1978 Take notice that on June 18, 2010, 214 of the Commission’s Rules of (‘‘NGPA’’). Washington 10 Storage Corporation Practice and Procedure (18 CFR 385.211 Any person desiring to participate in submitted a baseline filing of its and 385.214). Protests will be this rate proceeding must file a motion Statement of Operating Conditions for considered by the Commission in to intervene or to protest this filing must services provided under Section 311 of determining the appropriate action to be file in accordance with Rules 211 and the Natural Gas Policy Act of 1978 taken, but will not serve to make 214 of the Commission’s Rules of (‘‘NGPA’’). protestants parties to the proceeding. Practice and Procedure (18 CFR 385.211 Any person desiring to participate in Any person wishing to become a party and 385.214). Protests will be this rate proceeding must file a motion must file a notice of intervention or considered by the Commission in to intervene or to protest this filing must

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file in accordance with Rules 211 and response to the FERC’s 6/10/10 letter Filed Date: 06/22/2010. 214 of the Commission’s Rules of requesting additional information re an Accession Number: 20100623–0201. Practice and Procedure (18 CFR 385.211 application. Comment Date: 5 p.m. e.t. on and 385.214). Protests will be Filed Date: 06/21/2010. Tuesday, July 13, 2010. considered by the Commission in Accession Number: 20100622–0005. Docket Numbers: ER10–549–001. determining the appropriate action to be Comment Date: 5 p.m. e.t. on Applicants: PJM Interconnection, taken, but will not serve to make Monday, July 12, 2010. L.L.C. protestants parties to the proceeding. Take notice that the Commission Description: PJM Interconnection, Any person wishing to become a party received the following exempt LLC submits compliance filing in order must file a notice of intervention or wholesale generator filings: to clarify the inclusion of certain motion to intervene, as appropriate. Docket Numbers: EG06–73–000. baseline upgrades as reliability project Such notices, motions, or protests must Applicants: BG Dighton Power, LLC. in the PJM Regional Expansion Plan. be filed on or before the date as Description: Notice of Self- Filed Date: 06/22/2010. indicated below. Anyone filing an Recertification of Exempt Wholesale Accession Number: 20100622–0204. intervention or protest must serve a Generator Status of Dighton Power, LLC. Comment Date: 5 p.m. e.t. on Filed Date: 06/10/2010. copy of that document on the Applicant. Tuesday, July 13, 2010. Anyone filing an intervention or protest Accession Number: 20100610–5020. on or before the intervention or protest Comment Date: 5 p.m. e.t. on Friday, Docket Numbers: ER10–882–000. date need not serve motions to intervene July 2, 2010 Applicants: ISO New England Inc., or protests on persons other than the Docket Numbers: EG98–79–000. New England Power Pool. Applicant. Applicants: MASSPOWER. Description: ISO New England Inc The Commission encourages Description: Notice of Self- provides responses to the Commission electronic submission of protests and Recertification of Exempt Wholesale Deficiency Letter issued on May 14, interventions in lieu of paper using the Generator Status of MASSPOWER. 2010 re a proposal to revise the Forward ‘‘eFiling’’ link at http://www.ferc.gov. Filed Date: 06/10/2010. Capacity Market rules. Persons unable to file electronically Accession Number: 20100610–5022. Filed Date: 06/14/2010. should submit an original and 14 copies Comment Date: 5 p.m. e.t. on Friday, Accession Number: 20100615–0005. of the protest or intervention to the July 2, 2010. Comment Date: 5 p.m. e.t. on Federal Energy Regulatory Commission, Docket Numbers: EG99–220–000. Tuesday, July 6, 2010. 888 First Street, NE., Washington, DC Applicants: Lake Road Generating Docket Numbers: ER10–1316–000. 20426. Company, LP. Applicants: Southwest Power Pool, This filing is accessible on-line at Description: Notice of Self- Inc. http://www.ferc.gov, using the Recertification of Exempt Wholesale Description: Southwest Power Pool, ‘‘eLibrary’’ link and is available for Generator Status of Lake Road Inc submits an executed Large Generator review in the Commission’s Public Generating Co., L.P. Interconnection Agreement with Reference Room in Washington, DC. Filed Date: 06/10/2010. Western Farmers Electric Cooperative There is an ‘‘eSubscription’’ link on the Accession Number: 20100610–5021. etc. Web site that enables subscribers to Comment Date: 5 p.m. e.t. on Friday, Filed Date: 05/25/2010. receive e-mail notification when a July 2, 2010. Accession Number: 20100525–0234. document is added to a subscribed Take notice that the Commission Comment Date: 5 p.m. e.t. on docket(s). For assistance with any FERC received the following electric rate Wednesday, June 30, 2010. filings: Online service, please e-mail Docket Numbers: ER10–1522–000. [email protected], or call Docket Numbers: ER02–537–027; Applicants: Occidental Chemical (866) 208–3676 (toll free). For TTY, call ER03–983–024; ER06–738–024; ER06– Corporation. (202) 502–8659. 739–024; ER07–501–023; ER07–758– Description: Occidental Chemical Comment Date: 5 p.m. Eastern time 020; ER08–649–016. Corporation submits tariff filing per Applicants: Cogen Technologies on Friday, July 2, 2010. 35.12: Baseline Tariff Filing, to be Linden Venture, L.P., Fox Energy effective 6/22/2010. Kimberly D. Bose, Company LLC, Birchwood Power Filed Date: 06/22/2010. Secretary. Partners, L.P., Shady Hills Power Accession Number: 20100622–5048. [FR Doc. 2010–15836 Filed 6–29–10; 8:45 am] Company, L.L.C., East Coast Power Comment Date: 5 p.m. e.t. on BILLING CODE 6717–01–P Liden Holding, LLC, EFS Parlin Tuesday, July 13, 2010. Holdings, LLC, Inland Empire Energy Center, LLC. Docket Numbers: ER10–1523–000. DEPARTMENT OF ENERGY Description: Third Supplement to Applicants: New Hampshire Notice of Non-Material Changes in Transmission, LLC. Federal Energy Regulatory Status of East Coast Power Linden Description: New Hampshire Commission Holding, LLC, et al. Transmission, LLC submits Notice of Succession and a revised rate schedule. Combined Notice of Filings # 1 Filed Date: 06/22/2010. Accession Number: 20100622–5112. Filed Date: 06/22/2010. June 23, 2010. Comment Date: 5 p.m. e.t. on Accession Number: 20100622–0212. Take notice that the Commission Tuesday, July 13, 2010. Comment Date: 5 p.m. e.t. on received the following electric corporate Docket Numbers: ER09–412–013. Tuesday, July 13, 2010. filings: Applicants: PJM Interconnection, Docket Numbers: ER10–1524–000. Docket Numbers: EC10–68–000. L.L.C. Applicants: California Independent Applicants: Allegheny Energy Inc., Description: PJM Interconnection, System Operator Corporation. FirstEnergy Corp. LLC submits Substitute Fifth Revised Description: The California Description: FirstEnergy Corp and Sheet 572 et al to FERC Electric Tariff, Independent System Operator Allegheny Energy, Inc. submit their Sixth Revised Volume 1. Corporation submits Second Revised

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Sheet 802B et al. to FERC Electric Tariff, Applicants: National Grid USA. FERC Online links at http:// Fourth Replacement Volume 1 to be Description: Supplement to www.ferc.gov. To facilitate electronic effective 8/23/10. Application of National Grid USA for service, persons with Internet access Filed Date: 06/22/2010. authorization to issue Securities under who will eFile a document and/or be Accession Number: 20100623–0202. Section 204 of the Federal Power Act. listed as a contact for an intervenor Comment Date: 5 p.m. e.t. on Filed Date: 06/22/2010. must create and validate an Tuesday, July 13, 2010. Accession Number: 20100622–5108. eRegistration account using the Docket Numbers: ER10–1525–000. Comment Date: 5 p.m. e.t. on Friday, eRegistration link. Select the eFiling Applicants: KGen Hot Spring LLC. July 02, 2010. link to log on and submit the Description: KGen Hot Spring LLC Docket Numbers: ES10–47–000. intervention or protests. submits tariff filing per 35.12: Initial Applicants: Indianapolis Power & Persons unable to file electronically Baseline Market Based Rate Tariff Filing Light Company. should submit an original and 14 copies to be effective 6/23/2010 under ER10– Description: Indianapolis Power & of the intervention or protest to the 01525–000 Filing Type: 400. Light Company submits its Amended Federal Energy Regulatory Commission, Filed Date: 06/23/2010. Application for Issuance of Short-Term 888 First St., NE., Washington, DC Accession Number: 20100623–5028. Debt Instruments pursuant to Section 20426. Comment Date: 5 p.m. e.t. on 204 of the FPA. The filings in the above proceedings Wednesday, July 14, 2010. Filed Date: 06/22/2010. are accessible in the Commission’s Docket Numbers: ER10–1526–000. Accession Number: 20100622–5109. eLibrary system by clicking on the Applicants: KGen Hinds LLC. Comment Date: 5 p.m. e.t. on Friday, appropriate link in the above list. They Description: KGen Hinds LLC submits July 2, 2010. are also available for review in the Commission’s Public Reference Room in tariff filing per 35.12: Initial Baseline Any person desiring to intervene or to Market Based Rate Tariff Filing to be Washington, DC. There is an protest in any of the above proceedings eSubscription link on the Web site that effective 6/23/2010 under ER10–01526– must file in accordance with rules 211 000 Filing Type: 400. enables subscribers to receive e-mail and 214 of the Commission’s rules of notification when a document is added Filed Date: 06/23/2010. practice and procedure (18 CFR 385.211 Accession Number: 20100623–5029. to a subscribed dockets(s). For and 385.214) on or before 5 p.m e.t. on assistance with any FERC Online Comment Date: 5 p.m. e.t. on the specified comment date. It is not Wednesday, July 14, 2010. service, please e-mail necessary to separately intervene again [email protected]. or call Docket Numbers: ER10–1527–000. in a subdocket related to a compliance (866) 208–3676 (toll free). For TTY, call Applicants: KGen Murray I and II filing if you have previously intervened (202) 502–8659. LLC. in the same docket. Protests will be Description: KGen Murray I and II considered by the Commission in Nathaniel J. Davis, Sr., LLC submits tariff filing per 35.12: determining the appropriate action to be Deputy Secretary. Initial Baseline Market Based Rate Tariff taken, but will not serve to make [FR Doc. 2010–15850 Filed 6–29–10; 8:45 am] to be effective 6/23/2010 under ER10– protestants parties to the proceeding. BILLING CODE 6717–01–P 1527 Filing Type: 400. Anyone filing a motion to intervene or Filed Date: 06/23/2010. protest must serve a copy of that Accession Number: 20100623–5030. document on the Applicant. In reference DEPARTMENT OF ENERGY Comment Date: 5 p.m. e.t. on to filings initiating a new proceeding, Wednesday, July 14, 2010. interventions or protests submitted on Federal Energy Regulatory Docket Numbers: ER10–1528–000. or before the comment deadline need Commission Applicants: New York State Electric & not be served on persons other than the [Docket No. DI10–12–000] Gas Corp. Applicant. Description: New York State Electric As it relates to any qualifying facility Antrim Treatment Trust; Notice of & Gas Corporation supplement to Rate filings, the notices of self-certification Declaration of Intention and Soliciting Schedule 200—Facilities Agreement [or self-recertification] listed above, do Comments, Protests, and/or Motions between NYSEG and the NYPA. not institute a proceeding regarding To Intervene Filed Date: 06/23/2010. qualifying facility status. A notice of Accession Number: 20100623–0203. self-certification [or self-recertification] June 23, 2010. Comment Date: 5 p.m. e.t. on simply provides notification that the Take notice that the following Wednesday, July 14, 2010. entity making the filing has determined application has been filed with the Docket Numbers: ER10–1529–000. the facility named in the notice meets Commission and is available for public Applicants: Northern Iowa the applicable criteria to be a qualifying inspection: a. Application Type: Declaration of Windpower, LLC. facility. Intervention and/or protest do Description: Northern Iowa Intention. not lie in dockets that are qualifying b. Docket No: DI10–12–000. Windpower, LLC submits tariff filing facility self-certifications or self- c. Date Filed: May 21, 2010. per 35.12: Baseline Filing of Northern recertifications. Any person seeking to d. Applicant: Antrim Treatment Trust. Iowa Windpower, LLC to be effective challenge such qualifying facility status e. Name of Project: Antrim Micro- 6/23/2010. may do so by filing a motion pursuant Hydropower Project. Filed Date: 06/23/2010. to 18 CFR 292.207(d)(iii). Intervention f. Location: The proposed Antrim Accession Number: 20100623–5091. and protests may be filed in response to Micro-Hydropower Project will be Comment Date: 5 p.m. e.t. on notices of qualifying facility dockets located on an unnamed creek, tributary Wednesday, July 14, 2010. other than self-certifications and self- to Wilson Creek, near the town of Take notice that the Commission recertifications. Antrim, Tioga County, Pennsylvania. received the following electric securities The Commission encourages g. Filed Pursuant to: Section 23(b)(1) filings: electronic submission of protests and of the Federal Power Act, 16 U.S.C. Docket Numbers: ES10–41–000. interventions in lieu of paper, using the 817(b).

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h. Applicant Contact: Bryan J. Page, capacity, or have otherwise significantly agency’s comments must also be sent to BioMost, Inc. 434 Spring Street Ext., modified the project’s pre-1935 design the Applicant’s representatives. Mars, PA 16046; telephone: (724) 776– or operation. Kimberly D. Bose, 0161; Fax: (724) 776–0166; e-mail: l. Locations of the Application: Copies http:// Secretary. of this filing are on file with the [email protected]. [FR Doc. 2010–15834 Filed 6–29–10; 8:45 am] Commission and are available for public i. FERC Contact: Any questions on BILLING CODE 6717–01–P this notice should be addressed to inspection. This filing may be viewed Henry Ecton, (202) 502–8768, or e-mail on the Web at http://www.ferc.gov using address: [email protected]. the ‘‘eLibrary’’ link. Enter the docket DEPARTMENT OF ENERGY j. Deadline for filing comments, number excluding the last three digits in protests, and/or motions: July 23, 2010. the docket number field to access the Federal Energy Regulatory All documents may be filed document. You may also register online Commission electronically via the Internet. See 18 at http://www.ferc.gov/docs-filing/ CFR 385.2001(a)(1)(iii) and the esubscription.asp to be notified via e- [Docket No. NJ10–2–000] instructions on the Commission’s Web mail of new filings and issuances Orlando Utilities Commission; Notice site at http://www.ferc.gov under the ‘‘e- related to this or other pending projects. of Filing Filing’’ link. If unable to be filed For assistance, please contact FERC electronically, documents may be paper- Online Support at June 23, 2010. filed. To paper-file, an original and eight [email protected] or toll- copies should be filed with: Secretary, Take notice that on June 11, 2010, the free at (866) 208–3676, or TTY, contact Federal Energy Regulatory Commission, Orlando Utilities Commission filed, pro (202) 502–8659. A copy is also available 888 First Street, NE, Washington, DC forma revised tariff sheets for inclusion 20426. For more information on how to for inspection and reproduction at the in its open access transmission tariff, submit these types of filings, please go address in item (h) above. pursuant to section 205 of the Federal to the Commission’s Web site at http:// m. Individuals desiring to be included Power Act (FPA), 16 U.S.C. 824d, and www.ferc.gov.filing-comments.asp. on the Commission’s mailing list should part 35 of the Federal Energy Regulatory Please include the docket number so indicate by writing to the Secretary Commission’s regulations under the (DI10–12–000) on any comments, of the Commission. FPA, 18 CFR 35.0 et seq. (2009). protests, and/or motions filed. Any person desiring to intervene or to k. Description of Project: The n. Comments, Protests, or Motions to protest this filing must file in proposed Antrim Micro-Hydropower Intervene—Anyone may submit accordance with Rules 211 and 214 of Project will consist of: (1) A collection comments, a protest, or a motion to the Commission’s Rules of Practice and pond, containing acidic metal-laden intervene in accordance with the Procedure (18 CFR 385.211, 385.214). coal mine drainage, conveyed to a water requirements of Rules of Practice and Protests will be considered by the treatment plant through a 12-inch PVC Procedure, 18 CFR 385.210, .211, .214. Commission in determining the pipe; (2) an 1,100-foot-long, 18-inch- In determining the appropriate action to appropriate action to be taken, but will diameter HDPA pipe penstock from the take, the Commission will consider all not serve to make protestants parties to treatment plant; (3) a powerhouse, protests or other comments filed, but the proceeding. Any person wishing to located on the penstock, containing a only those who file a motion to become a party must file a notice of Turgo turbine with a rated output of 86 intervene in accordance with the intervention or motion to intervene, as kW, with an 80-kW horizontal induction Commission’s Rules may become a appropriate. Such notices, motions, or generator; (4) a 16-inch diameter, party to the proceeding. Any comments, protests must be filed on or before the approximately 8-foot-long tailrace, protests, or motions to intervene must comment date. On or before the emptying into an unnamed steam; (5) a be received on or before the specified comment date, it is not necessary to transmission line extending comment date for the particular serve motions to intervene or protests approximately 1,100-feet to the application. on persons other than the Applicant. treatment plant, where it will be The Commission encourages connected to the interstate grid; and (6) o. Filing and Service of Responsive electronic submission of protests and appurtenant facilities. Documents—Any filings must bear in interventions in lieu of paper using the When a Declaration of Intention is all capital letters the title ‘‘eFiling’’ link at http://www.ferc.gov. filed with the Federal Energy Regulatory ‘‘COMMENTS’’, ‘‘PROTESTS’’, AND/OR Persons unable to file electronically Commission, the Federal Power Act ‘‘MOTIONS TO INTERVENE’’, as should submit an original and 14 copies requires the Commission to investigate applicable, and the Docket Number of of the protest or intervention to the and determine if the interests of the particular application to which the Federal Energy Regulatory Commission, interstate or foreign commerce would be filing refers. A copy of any motion to 888 First Street, NE., Washington, DC affected by the proposed project. The intervene must also be served upon each 20426. Commission also determines whether or representative of the Applicant This filing is accessible on-line at not the project: (1) Would be located on specified in the particular application. http://www.ferc.gov, using the a navigable waterway; (2) would occupy p. Agency Comments—Federal, state, ‘‘eLibrary’’ link and is available for or affect public lands or reservations of and local agencies are invited to file review in the Commission’s Public the United States; (3) would utilize Reference Room in Washington, DC. comments on the described application. surplus water or water power from a There is an ‘‘eSubscription’’ link on the A copy of the application may be government dam; or (4) if applicable, Web site that enables subscribers to has involved or would involve any obtained by agencies directly from the receive e-mail notification when a construction subsequent to 1935 that Applicant. If an agency does not file document is added to a subscribed may have increased or would increase comments within the time specified for docket(s). For assistance with any FERC the project’s head or generating filing comments, it will be presumed to Online service, please e-mail have no comments. One copy of an [email protected], or call

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(866) 208–3676 (toll free). For TTY, call receive e-mail notification when a SUMMARY: This notice announces the (202) 502–8659. document is added to a subscribed availability of EPA’s final work plan and Comment Date: 5 p.m. Eastern Time docket(s). For assistance with any FERC proposed registration review decision on July 12, 2010. Online service, please e-mail for the pesticide lauryl sulfate salts, case [email protected], or call number 4061 and opens a public Kimberly D. Bose, (866) 208–3676 (toll free). For TTY, call comment period on the proposed Secretary. (202) 502–8659. decision. Registration review is EPA’s [FR Doc. 2010–15833 Filed 6–29–10; 8:45 am] Comment Date: 5 p.m. Eastern Time periodic review of pesticide BILLING CODE 6717–01–P on Friday, July 2, 2010. registrations to ensure that each pesticide continues to satisfy the Kimberly D. Bose, statutory standard for registration, that DEPARTMENT OF ENERGY Secretary. is, that the pesticide can perform its [FR Doc. 2010–15837 Filed 6–29–10; 8:45 am] Federal Energy Regulatory intended function without unreasonable BILLING CODE 6717–01–P Commission adverse effects on human health or the environment. Through this program, [Docket No. PR10–32–000] EPA is ensuring that each pesticide’s DEPARTMENT OF ENERGY registration is based on current Public Service Company of Colorado; scientific and other knowledge, Notice of Filing Federal Energy Regulatory Commission including its effects on human health June 23, 2010. and the environment. Take notice that on June 10, 2010, [Project No. 12555–004] DATES: Comments must be received on Public Service Company of Colorado or before August 30, 2010. Mahoning Creek Hydroelectric submitted a revised Statement of ADDRESSES: Company, LLC; Notice of Intent To Submit your comments, Operating Conditions for services Issue a Supplemental Environmental identified by docket identification (ID) provided under Section 311 of the Assessment for the Proposed number EPA–HQ–OPP–2009–0727, by Natural Gas Policy Act of 1978 Mahoning Creek Hydroelectric Project one of the following methods: (‘‘NGPA’’). • Federal eRulemaking Portal: Any person desiring to participate in June 23, 2010. http://www.regulations.gov. Follow the this rate proceeding must file a motion On March 23, 2010, Commission staff on-line instructions for submitting to intervene or to protest this filing must issued an Environmental Assessment comments. • file in accordance with Rules 211 and (EA) for the proposed Mahoning Creek Mail: Office of Pesticide Programs 214 of the Commission’s Rules of Hydroelectric Project. On April 22, (OPP) Regulatory Public Docket (7502P), Practice and Procedure (18 CFR 385.211 2010, the U.S. Army Corps of Engineers, Environmental Protection Agency, 1200 and 385.214). Protests will be Pittsburgh District (Corps) filed Pennsylvania Ave., NW., Washington, considered by the Commission in comments on the EA. On June 17, 2010, DC 20460–0001. • determining the appropriate action to be Commission staff hosted a Delivery: OPP Regulatory Public taken, but will not serve to make teleconference with the Corps to discuss Docket (7502P), Environmental protestants parties to the proceeding. their comments on the EA. Mahoning Protection Agency, Rm. S–4400, One Any person wishing to become a party Creek Hydroelectric Company and the Potomac Yard (South Bldg.), 2777 S. must file a notice of intervention or Pennsylvania Fish & Boat Commission Crystal Dr., Arlington, VA. Deliveries motion to intervene, as appropriate. also participated in the teleconference. are only accepted during the Docket Such notices, motions, or protests must In response to these activities, Facility’s normal hours of operation be filed on or before the date as Commission staff intend to issue a (8:30 a.m. to 4 p.m., Monday through indicated below. Anyone filing an supplemental EA that will address Friday, excluding legal holidays). intervention or protest must serve a comments on the EA and provide Special arrangements should be made copy of that document on the Applicant. additional clarification and analysis of for deliveries of boxed information. The Anyone filing an intervention or protest several outstanding issues discussed Docket Facility telephone number is on or before the intervention or protest during the teleconference. (703) 305–5805. date need not serve motions to intervene Instructions: Direct your comments to or protests on persons other than the Kimberly D. Bose, docket identification (ID) number EPA– Applicant. Secretary. HQ–OPP–2009–0727. EPA’s policy is The Commission encourages [FR Doc. 2010–15842 Filed 6–29–10; 8:45 am] that all comments received will be electronic submission of protests and BILLING CODE 6717–01–P included in the docket without change interventions in lieu of paper using the and may be made available on-line at ‘‘eFiling’’ link at http://www.ferc.gov. http://www.regulations.gov, including Persons unable to file electronically ENVIRONMENTAL PROTECTION any personal information provided, should submit an original and 14 copies AGENCY unless the comment includes of the protest or intervention to the information claimed to be Confidential Federal Energy Regulatory Commission, [EPA–HQ–OPP–2009–0727; FRL–8829–4] Business Information (CBI) or other 888 First Street, NE., Washington, DC information whose disclosure is 20426. Lauryl Sulfate Salts; Antimicrobial restricted by statute. Do not submit This filing is accessible on-line at Registration Review Final Work Plan information that you consider to be CBI http://www.ferc.gov, using the and Proposed Registration Review or otherwise protected through ‘‘eLibrary’’ link and is available for Decision; Notice of Availability regulations.gov or e-mail. The review in the Commission’s Public AGENCY: Environmental Protection regulations.gov website is an Reference Room in Washington, DC. Agency (EPA). ‘‘anonymous access’’ system, which There is an ‘‘eSubscription’’ link on the means EPA will not know your identity ACTION: Notice. Web site that enables subscribers to or contact information unless you

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provide it in the body of your comment. I. General Information vii. Explain your views as clearly as If you send an e-mail comment directly possible, avoiding the use of profanity A. Does this Action Apply to Me? to EPA without going through or personal threats. regulations.gov, your e-mail address This action is directed to the public viii. Make sure to submit your will be automatically captured and in general, and may be of interest to a comments by the comment period included as part of the comment that is wide range of stakeholders including deadline identified. placed in the docket and made available environmental, human health, farm II. Background on the Internet. If you submit an worker, and agricultural advocates; the electronic comment, EPA recommends chemical industry; pesticide users; and A. What Action is the Agency Taking? that you include your name and other members of the public interested in the Pursuant to 40 CFR 155.58, this notice contact information in the body of your sale, distribution, or use of pesticides. announces the availability of EPA’s comment and with any disk or CD-ROM Since others also may be interested, the proposed registration review decision you submit. If EPA cannot read your Agency has not attempted to describe all for the pesticide lauryl sulfate salts, case comment due to technical difficulties the specific entities that may be affected number 4061, and opens a 60–day and cannot contact you for clarification, by this action. If you have any questions public comment period on the proposed EPA may not be able to consider your regarding the applicability of this action decision. Sodium lauryl sulfate (PC comment. Electronic files should avoid to a particular entity, consult the Code 079011) is the only active the use of special characters, any form chemical review manager listed under ingredient in case 4061. There is one of encryption, and be free of any defects FOR FURTHER INFORMATION CONTACT. registered product that contains sodium or viruses. B. What Should I Consider as I Prepare lauryl sulfate as an active ingredient. The product Kleenex® Brand Antiviral Docket: All documents in the docket My Comments for EPA? Tissues contains 2.02% sodium lauryl are listed in the docket index available 1. Submitting CBI. Do not submit this sulfate and is registered by Kimberly- at http://www.regulations.gov. information to EPA through Clark Global Sales, LLC (EPA Reg. No. Although, listed in the index, some regulations.gov or e-mail. Clearly mark 9402–10). The tissues also contain citric information is not publicly available, the part or all of the information that acid as an active ingredient at 7.51%. e.g., CBI or other information whose you claim to be CBI. For CBI Products containing sodium lauryl disclosure is restricted by statute. information in a disk or CD-ROM that sulfate as an active ingredient were first Certain other material, such as you mail to EPA, mark the outside of the registered in 1948 and sodium lauryl copyrighted material, is not placed on disk or CD-ROM as CBI and then sulfate is widely used as an the Internet and will be publicly identify electronically within the disk or intentionally-added inert ingredient in available only in hard copy form. CD-ROM the specific information that is pesticide products. Publicly available docket materials are claimed as CBI. In addition to one The registration review docket for a available either in the electronic docket complete version of the comment that pesticide includes earlier documents at http://www.regulations.gov, or, if only includes information claimed as CBI, a related to the registration review of the available in hard copy, at the OPP copy of the comment that does not case. For example, the review opened Regulatory Public Docket in Rm. S– contain the information claimed as CBI with the posting of a summary 4400, One Potomac Yard (South Bldg.), must be submitted for inclusion in the document, containing a preliminary 2777 S. Crystal Dr., Arlington, VA. The public docket. Information so marked work plan, for public comment. hours of operation of this Docket will not be disclosed except in The documents in the initial docket Facility are from 8:30 a.m. to 4 p.m., accordance with procedures set forth in described the Agency’s rationales for Monday through Friday, excluding legal 40 CFR part 2. not conducting additional risk holidays. The Docket Facility telephone 2. Tips for preparing your comments. assessments for the registration review number is (703) 305–5805. When submitting comments, remember of lauryl sulfate salts. This proposed to: registration review decision continues FOR FURTHER INFORMATION CONTACT: For to be supported by those rationales pesticide specific information, contact: i. Identify the document by docket ID included in documents in the initial Monisha Harris, Chemical Review number and other identifying information (subject heading, Federal docket. Manager, Antimicrobials Division Following public comment, the (7510P), Office of Pesticide Programs, Register date and page number). ii. Follow directions. The Agency may Agency will issue a final registration Environmental Protection Agency, 1200 review decision for products containing Pennsylvania Ave., NW., Washington, ask you to respond to specific questions or organize comments by referencing a lauryl sulfate salts. DC 20460–0001; telephone number: The registration review program is (703) 308–0410; fax number: (703) 308– Code of Federal Regulations (CFR) part or section number. being conducted under congressionally 8090; e-mail address: mandated time frames, and EPA [email protected]. iii. Explain why you agree or disagree; recognizes the need both to make timely suggest alternatives and substitute For general information on the decisions and to involve the public. language for your requested changes. registration review program, contact: Section 3(g) of the Federal Insecticide, Lance Wormell, Antimicrobials Division iv. Describe any assumptions and Fungicide, and Rodenticide Act provide any technical information and/ (7510P), Office of Pesticide Programs, (FIFRA), as amended, required EPA to or data that you used. Environmental Protection Agency, 1200 establish by regulation procedures for Pennsylvania Ave., NW., Washington, v. If you estimate potential costs or reviewing pesticide registrations, DC 20460–0001; telephone number: burdens, explain how you arrived at originally with a goal of reviewing each (703) 603–0523; fax number: (703) 308– your estimate in sufficient detail to pesticide’s registration every 15 years to 8090; e-mail address: allow for it to be reproduced. ensure that a pesticide continues to [email protected]. vi. Provide specific examples to meet the FIFRA standard for illustrate your concerns and suggest registration. The Agency’s final rule to SUPPLEMENTARY INFORMATION: alternatives. implement this program was issued in

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August 2006 and became effective in ENVIRONMENTAL PROTECTION means EPA will not know your identity October 2006, and appears at 40 CFR AGENCY or contact information unless you provide it in the body of your comment. part 155, subpart C. The Pesticide [EPA–HQ–OPP–2010–0420; FRL–8828–9] Registration Improvement Act of 2003 If you send an e-mail comment directly (PRIA) was amended and extended in Formaldehyde Gas; Receipt of to EPA without going through September 2007. FIFRA, as amended by Application for Emergency Exemption, regulations.gov, your e-mail address PRIA in 2007, requires EPA to complete Solicitation of Public Comment will be automatically captured and registration review decisions by October included as part of the comment that is 1, 2022, for all pesticides registered as AGENCY: Environmental Protection placed in the docket and made available on the Internet. If you submit an of October 1, 2007. Agency (EPA). ACTION: Notice. electronic comment, EPA recommends The registration review final rule at 40 that you include your name and other CFR 155.58(a) provides for a minimum SUMMARY: EPA has received a contact information in the body of your 60–day public comment period on all quarantine exemption request from comment and with any disk or CD-ROM proposed registration review decisions. EPA’s, Office of Emergency you submit. If EPA cannot read your This comment period is intended to Management, Office of Solid Waste and comment due to technical difficulties provide an opportunity for public input Emergency Response (OSWER) to use and cannot contact you for clarification, and a mechanism for initiating any formaldehyde gas (CAS No. 82115–62– EPA may not be able to consider your necessary amendments to the proposed 6) to decontaminate non-food contact comment. Electronic files should avoid decision. All comments should be surfaces to control Bacillus anthracis. the use of special characters, any form submitted using the methods in The applicant proposes the use of a new of encryption, and be free of any defects ADDRESSES, and must be received by chemical which has not been registered or viruses. EPA on or before the closing date. These by the EPA. Docket: All documents in the docket are listed in the docket index available comments will become part of the DATES: Comments must be received on at http://www.regulations.gov. docket for lauryl sulfate salts. or before July 15, 2010. Although, listed in the index, some ADDRESSES: Comments received after the close of the Submit your comments, information is not publicly available, comment period will be marked ‘‘late.’’ identified by docket identification (ID) e.g., CBI or other information whose EPA is not required to consider these number EPA–HQ–OPP–2010–0420, by disclosure is restricted by statute. late comments. one of the following methods: Certain other material, such as • Federal eRulemaking Portal: The Agency will carefully consider all copyrighted material, is not placed on http://www.regulations.gov. Follow the comments received by the closing date the Internet and will be publicly on-line instructions for submitting and will provide a ‘‘Response to available only in hard copy form. comments. ’’ Publicly available docket materials are Comments Memorandum in the docket. • Mail: Office of Pesticide Programs The final registration review decision available either in the electronic docket (OPP) Regulatory Public Docket (7502P), at http://www.regulations.gov, or, if only will explain the effect that any Environmental Protection Agency, 1200 comments had on the decision and available in hard copy, at the OPP Pennsylvania Ave., NW., Washington, Regulatory Public Docket in Rm. S– provide the Agency’s response to DC 20460–0001. significant comments. • 4400, One Potomac Yard (South Bldg.), Delivery: OPP Regulatory Public 2777 S. Crystal Dr., Arlington, VA. The Background on the registration review Docket (7502P), Environmental hours of operation of this Docket program is provided at: http:// Protection Agency, Rm. S–4400, One Facility are from 8:30 a.m. to 4 p.m., www.epa.gov/oppsrrd1/ Potomac Yard (South Bldg.), 2777 S. Monday through Friday, excluding legal _ registration review. Links to earlier Crystal Dr., Arlington, VA. Deliveries holidays. The Docket Facility telephone documents related to the registration are only accepted during the Docket number is (703) 305–5805. Facility’s normal hours of operation review of this pesticide are provided at: FOR FURTHER INFORMATION CONTACT: (8:30 a.m. to 4 p.m., Monday through http://www.epa.gov/oppsrrd1/ Princess Campbell, Registration _ Friday, excluding legal holidays). registration review/lauryl-sulfate/ Division (7505P), Office of Pesticide index.html. Special arrangements should be made for deliveries of boxed information. The Programs, Environmental Protection B. What is the Agency’s Authority for Docket Facility telephone number is Agency, 1200 Pennsylvania Ave., NW., Taking this Action? (703) 305–5805. Washington, DC 20460–0001; telephone Instructions: Direct your comments to number: (703) 308–8033; fax number: Section 3(g) of FIFRA and 40 CFR part docket ID number EPA–HQ–OPP–2010– (703) 605–0781; e-mail address: 155, subpart C, provide authority for 0420. EPA’s policy is that all comments [email protected]. this action. received will be included in the docket SUPPLEMENTARY INFORMATION: List of Subjects without change and may be made I. General Information available on-line at http:// Environmental protection, www.regulations.gov, including any A. Does this Action Apply to Me? Administrative practice and procedure, personal information provided, unless You may be potentially affected by Pesticides and pests, antimicrobials, the comment includes information this action if you are an agricultural Lauryl sulfate salts. claimed to be Confidential Business producer, food manufacturer, or Information (CBI) or other information Dated: June 8, 2010. pesticide manufacturer. Potentially whose disclosure is restricted by statute. affected entities may include, but are Joan Harrigan-Farrelly, Do not submit information that you not limited to: Director, Antimicrobials Division, Office of consider to be CBI or otherwise • Crop production (NAICS code Pesticide Programs. protected through regulations.gov or e- 111). [FR Doc. 2010–15210 Filed 6–29–10; 8:45 a.m.] mail. The regulations.gov website is an • Animal production (NAICS code BILLING CODE 6560–50–S ‘‘anonymous access’’ system, which 112).

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• Food manufacturing (NAICS code vii. Explain your views as clearly as This notice does not constitute a 311). possible, avoiding the use of profanity decision by EPA on the application • Pesticide manufacturing (NAICS or personal threats. itself. The regulations governing section code 32532). viii. Make sure to submit your 18 of FIFRA require publication of a This listing is not intended to be comments by the comment period notice of receipt of an application for a exhaustive, but rather provides a guide deadline identified. quarantine exemption proposing: for readers regarding entities likely to be 3. Environmental justice. EPA seeks to Use of a new chemical (i.e., an active affected by this action. Other types of achieve environmental justice, the fair ingredient) which has not been entities not listed in this unit could also treatment and meaningful involvement registered by EPA. be affected. The North American of any group, including minority and/or The notice provides an opportunity Industrial Classification System low income populations, in the for public comment on the application. The Agency, will review and consider (NAICS) codes have been provided to development, implementation, and all comments received during the assist you and others in determining enforcement of environmental laws, comment period in determining whether this action might apply to regulations, and policies. To help whether to issue the quarantine certain entities. If you have any address potential environmental justice exemption requested by the EPA’s questions regarding the applicability of issues, the Agency seeks information on OSWER. this action to a particular entity, consult any groups or segments of the the person listed under FOR FURTHER population who, as a result of their List of Subjects location, cultural practices, or other INFORMATION CONTACT. Environmental protection, Pesticides factors, may have atypical or and pests. B. What Should I Consider as I Prepare disproportionately high and adverse My Comments for EPA? human health impacts or environmental Dated: June 21, 2010. 1. Submitting CBI. Do not submit this effects from exposure to the pesticide(s) Lois Rossi, information to EPA through discussed in this document, compared Director, Registration Division, Office of www.regulations.gov or e-mail. Clearly to the general population. Pesticide Programs. [FR Doc. 2010–15755 Filed 6–29–10; 8:45 a.m.] mark the part or all of the information II. What Action is the Agency Taking? that you claim to be CBI. For CBI BILLING CODE 6560–50–S information in a disk or CD-ROM that Under section 18 of the Federal you mail to EPA, mark the outside of the Insecticide, Fungicide, and Rodenticide disk or CD-ROM as CBI and then Act (FIFRA) (7 U.S.C. 136p), at the ENVIRONMENTAL PROTECTION identify electronically within the disk or discretion of the Administrator, a AGENCY CD-ROM the specific information that is Federal or State agency may be [FRL–9170–2] claimed as CBI. In addition to one exempted from any provision of FIFRA complete version of the comment that if the Administrator determines that Science Advisory Board Staff Office; includes information claimed as CBI, a emergency conditions exist which Notification of a Public Meeting of the copy of the comment that does not require the exemption. EPA has Science Advisory Board Ecological contain the information claimed as CBI requested the Administrator to issue a Processes and Effects Committee must be submitted for inclusion in the quarantine exemption for the use of AGENCY: Environmental Protection public docket. Information so marked formaldehyde gas on non-food contact Agency (EPA). will not be disclosed except in surfaces to control Bacillus anthracis. accordance with procedures set forth in Information in accordance with 40 CFR ACTION: Notice. part 166 was submitted as part of this 40 CFR part 2. SUMMARY: The Environmental Protection request. 2. Tips for preparing your comments. Agency (EPA or Agency) Science As part of this request, the applicant When submitting comments, remember Advisory Board (SAB) Staff Office asserts that this quarantine exemption to: announces a public meeting of the SAB will enable responders to have effective i. Identify the document by docket ID Ecological Processes and Effects decontamination antimicrobial pesticide number and other identifying Committee (EPEC). The SAB EPEC, products, following either an accidental information (subject heading, Federal augmented with other experts, will or intentional release of Bacillus Register date and page number). provide advice on technologies and anthracis spores. If remediation of ii. Follow directions. The Agency may systems to minimize the impacts of anthrax contaminated sites does not ask you to respond to specific questions invasive species in vessel ballast water occur, several deaths could result, and or organize comments by referencing a discharge. government and business activities Code of Federal Regulations (CFR) part DATES would cease in affected areas. This : The meeting dates are Thursday, or section number. could have a serious impact if July 29, 2010 from 9 a.m. to 5 p.m. iii. Explain why you agree or disagree; contamination is intentional and (Eastern Time) and Friday, July 30, 2010 suggest alternatives and substitute widespread. This chemical has already from 8:30 a.m. to 2:30 p.m. (Eastern language for your requested changes. been used, after issuance of crisis Time). iv. Describe any assumptions and exemptions to inactivate anthrax spores ADDRESSES: The meeting will be held at provide any technical information and/ at specific locations during previous the St. Regis Hotel, 923 16th Street, or data that you used. contamination events. NW., Washington, DC 20006. v. If you estimate potential costs or It is impossible to estimate in advance FOR FURTHER INFORMATION CONTACT: burdens, explain how you arrived at the total amount of product which may Members of the public who wish to your estimate in sufficient detail to be used under this exemption. This obtain further information about this allow for it to be reproduced. product will be used only in response meeting must contact Dr. Thomas vi. Provide specific examples to to confirmed cases of anthrax Armitage, Designated Federal Officer illustrate your concerns and suggest contamination, and only on an as (DFO). Dr. Armitage may be contacted at alternatives. needed basis. the EPA Science Advisory Board

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(1400F), U.S. Environmental Protection reports have been published on the Office no later than July 22, 2010 so that Agency, 1200 Pennsylvania Avenue, status and efficacy of ballast water the information may be made available NW., Washington, DC 20460; or via treatment technologies, and data to the SAB Committee members for their telephone/voice mail; (202) 564–2155; collected on the efficacy of certain consideration. Written statements fax (202) 565–2098; or e-mail at systems is available. should be supplied to the DFO in the [email protected]. EPA’s Office of Water (OW) has following formats: One hard copy with requested SAB review of technical SUPPLEMENTARY INFORMATION: Pursuant original signature, and one electronic documents and available data on the to the Federal Advisory Committee Act, copy via e-mail (acceptable file format: efficacy of ballast water treatment Public Law 92–463, notice is hereby Adobe Acrobat PDF, WordPerfect, MS systems and advice on improving the given that the SAB EPEC augmented Word, MS PowerPoint, or Rich Text performance of such systems. In with other experts will hold a public files in IBM–PC/Windows 98/2000/XP response, the SAB Staff Office requested meeting to provide advice on format). Submitters are requested to public nomination of experts and technologies and systems to minimize provide two versions of each document formed an augmented SAB Ecological the impacts of invasive species in vessel submitted with and without signatures, Processes and Effects Committee because the SAB Staff Office does not ballast water discharge. The SAB was [Federal Register Notice dated February established by 42 U.S.C. 4365 to provide publish documents with signatures on 25, 2010 (75 FR 8700–8701)]. The its Web sites. independent scientific and technical augmented EPEC will provide advice on advice to the Administrator on the Accessibility: For information on technologies and systems to minimize access or services for individuals with technical basis for Agency positions and the impacts of invasive species in vessel regulations. The SAB is a Federal disabilities, please contact Dr. Armitage ballast water discharge. The purpose of at the phone number or e-mail address Advisory Committee chartered under the meeting on July 29–30, 2010 is to the Federal Advisory Committee Act noted above, preferably at least ten days receive background briefings and prior to the meeting to give EPA as (FACA), as amended, 5 U.S.C., App. 2. formulate preliminary comments on this The SAB will comply with the much time as possible to process your subject. request. provisions of FACA and all appropriate Availability of Meeting Materials: The SAB Staff Office procedural policies. meeting agenda, SAB Committee roster, Dated: June 24, 2010. Background: Vessel ballast water charge to the Committee, and other Vanessa T. Vu, discharges are a major source of meeting material will be posted on the Director, EPA Science Advisory Board Staff nonidigenous species introductions to SAB Web site at https://www.epa.gov/ Office. marine, estuarine, and freshwater sab in advance of the meeting. Inquiries [FR Doc. 2010–15896 Filed 6–29–10; 8:45 am] ecosystems of the United States. Ballast regarding the technical information for BILLING CODE 6560–50–P water discharges are regulated by EPA this advisory should be directed to Dr. under authority of the Clean Water Act Ryan Albert of EPA’s Office of Water at (CWA) and the U.S. Coast Guard under [email protected] or (202) 564–0763 ENVIRONMENTAL PROTECTION authority of the Nonindigenous Aquatic or Mr. Marcus Zobrist of EPA’s Office of AGENCY Nuisance Prevention and Control Act, as Water at [email protected] or [FRL–9170–1] amended (NANPCA). NANPCA (202) 564–8311. generally requires vessels equipped Procedures for Providing Public Input: Science Advisory Board Staff Office; with ballast water tanks and bound for Public comment for consideration by Notification of a Public Teleconference ports or places in the United States after EPA’s Federal advisory committees and of the Air Quality Modeling operating beyond the U.S. Exclusive panels has a different purpose from Subcommittee of the Advisory Council Economic Zone to conduct a mid-ocean public comment provided to EPA on Clean Air Compliance Analysis ballast water exchange, retain their program offices. Therefore, the process (Council) ballast water onboard, or use an for submitting comments to a Federal alternative environmentally sound advisory committee is different from the AGENCY: Environmental Protection ballast water management method process used to submit comments to an Agency (EPA). approved by the U.S. Coast Guard. EPA program office. ACTION: Notice. Under the authority of the CWA, EPA’s Federal advisory committees and SUMMARY: Vessel General Permit, in addition to the panels, including scientific advisory The EPA Science Advisory mid-ocean exchange, requires the committees, provide independent Board (SAB) Staff Office announces a flushing and exchange of ballast water advice to EPA. Members of the public public teleconference of the Air Quality by vessels in Pacific near-shore voyages can submit comments for a Federal Modeling Subcommittee (AQMS) of the and saltwater flushing of ballast water advisory committee to consider as it Advisory Council on Clean Air tanks that are empty or contain only un- develops advice for EPA. They should Compliance Analysis (Council) to pumpable residual ballast water. send their comments directly to the review additional information on While useful in reducing the presence Designated Federal Officer for the particulate matter inventories for EPA’s of potentially invasive organisms in relevant advisory committee. Oral air quality modeling work for the ballast water, ballast water exchange Statements: In general, individuals or Second Section 812 Prospective Benefit- and saltwater flushing can have variable groups requesting an oral presentation Cost Study of the Clean Air Act. effectiveness and may not always be at a public meeting will be limited to DATES: The AQMS will conduct a public feasible due to vessel safety concerns. five minutes per speaker. Interested teleconference on August 11, 2010. The On August 28, 2009, the U.S. Coast parties should contact Dr. Armitage, teleconference will begin at 12 noon and Guard proposed establishing standards DFO, in writing (preferably via e-mail) end by 2 p.m. (Eastern Time). for concentrations of living organisms at the contact information noted above ADDRESSES: The teleconference will be that can be discharged in vessel ballast by July 22, 2010 to be placed on a list conducted by telephone only. water (74 FR 44632), and some States of public speakers for the meeting. FOR FURTHER INFORMATION CONTACT: Any have established standards of their own. Written Statements: Written statements member of the public wishing to obtain In addition, a number of studies and should be received in the SAB Staff general information concerning the

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public teleconference may contact Ms. on the estimated air quality changes 2010, so that the information can be Stephanie Sanzone, Designated Federal between scenarios based on those made available to the AQMS for their Officer (DFO), via telephone at (202) revised emissions estimates. Materials consideration prior to the meeting. 343–9697 or e-mail at for the February 19 and March 15 Written statements should be supplied [email protected]. General meetings are available on the Council to Ms. Sanzone in the following formats: information about the Council can be Web site at http://yosemite.epa.gov/sab/ one hard copy with original signature found on the EPA Web site at http:// sabproduct.nsf/fedrgstr_activites/ and one electronic copy via e-mail www.epa.gov/advisorycouncilcaa. 2nd%20Prospective%20812%20- (acceptable file format: Adobe Acrobat SUPPLEMENTARY INFORMATION: Pursuant %20AQMS?OpenDocument. PDF, MS Word, WordPerfect, MS to the Federal Advisory Committee Act In a resulting advisory report (EPA– PowerPoint, or Rich Text files). (FACA), 5 U.S.C., App. 2, notice is COUNCIL–10–002), the AQMS Submitters are asked to provide hereby given that the Air Quality recommended that ‘‘the scaling electronic versions of each document Modeling Subcommittee (AQMS) of the procedure [for PM2.5] should be clearly submitted with and without signatures, Advisory Council on Clean Air documented in the draft modeling because the SAB Staff Office does not Compliance Analysis (Council) will report * * * or in a separate document publish documents with signatures on hold a public teleconference to discuss that also describes the MATS [Modeled its Web sites. additional information on estimates of Attainment Test Software] adjustment Accessibility: For information on procedure and results, including the fine particulate matter (PM2.5) emissions access or services for individuals with and air quality changes for the Second results of MATS with and without disabilities, please contact Ms. Sanzone scaling of emissions.’’ In response to this Section 812 Benefit-Cost Analysis of the at (202) 343–9697, or via e-mail at recommendation, the EPA has provided Clean Air Act. The Council was [email protected], preferably a memorandum (dated June 14, 2010) established in 1991 pursuant to the at least ten (10) days prior to the that documents the adjustment Clean Air Act (CAA) Amendments of meeting, to give EPA as much time as procedure and PM results for a 1990 (see 42 U.S.C. 7612) to provide 2.5 possible to process your request. number of metropolitan areas. The advice, information and purpose of the August 11, 2010 Dated: June 23, 2010. recommendations on technical and teleconference meeting is to discuss the Vanessa T. Vu, economic aspects of analyses and MATS memorandum and provide final Director, EPA Science Advisory Board Staff reports EPA prepares on the impacts of advice to the Council and the Agency on Office. the CAA on the public health, economy, the reasonableness of the primary PM [FR Doc. 2010–15894 Filed 6–29–10; 8:45 am] and environment of the United States. 2.5 emissions revisions and the resulting re- BILLING CODE 6560–50–P The Council is a Federal Advisory estimated air quality concentration Committee chartered under FACA. The changes between scenarios that will be AQMS will provide advice through the used for benefit estimation in the ENVIRONMENTAL PROTECTION Council and will comply with the Second Section 812 Prospective Study. AGENCY provisions of FACA and all appropriate Technical Contacts: The Office of Air [EPA–HQ–OPPT–2010–0519; FRL–8832–6] SAB Staff Office procedural policies. and Radiation technical contact for the Background: Pursuant to Section 812 Second Section 812 Benefit-Cost Certain New Chemicals; Receipt and of the 1990 Clean Air Act Amendments Analysis of the Clean Air Act is Mr. Jim Status Information (CAAA), EPA conducts periodic studies DeMocker at (202) 564–1673 or to assess benefits and costs of programs [email protected]. AGENCY: Environmental Protection implemented pursuant to the Clean Air Availability of Meeting Materials: The Agency (EPA). Act. The Council has provided advice meeting materials, including the review ACTION: Notice. on an EPA retrospective study materials and meeting agenda for the published in 1997 and an EPA August 2010 teleconference, will be SUMMARY: Section 5 of the Toxic prospective study completed in 1999. posted to the Council Web site at Substances Control Act (TSCA) requires EPA initiated a second prospective http://www.epa.gov/advisorycouncilcaa any person who intends to manufacture study to evaluate the benefits and costs prior to the meeting. EPA draft (defined by statute to include import) a of EPA Clean Air programs for years documents provided to the AQMS also new chemical (i.e., a chemical not on 1990–2020. The Council has previously are available at http://www.epa.gov/oar/ the TSCA Inventory) to notify EPA and provided advice on the analytical sect812/prospective2.html. comply with the statutory provisions blueprint for this study. EPA’s Office of Procedures for Providing Public Input: pertaining to the manufacture of new Air and Radiation (OAR) is now nearing Interested members of the public may chemicals. Under sections 5(d)(2) and completion of the analytical work for submit relevant written or oral 5(d)(3) of TSCA, EPA is required to the second prospective study. The information for the AQMS to consider publish a notice of receipt of a AQMS met on February 19, 2010 on the topics of this advisory activity. premanufacture notice (PMN) or an [Federal Register Notice dated January Oral Statements: In general, individuals application for a test marketing 26, 2010 (75 FR 4070–4071)] to review or groups requesting an oral exemption (TME), and to publish technical documents pertaining to presentation at a teleconference meeting periodic status reports on the chemicals modeling of air quality for seven will be limited to three minutes per under review and the receipt of notices emissions scenarios: a 1990 baseline speaker, with no more than a total of of commencement to manufacture those simulation; and simulations for 2000, one hour for all speakers. Interested chemicals. This status report, which 2010 and 2020 with and without the parties should contact Ms. Sanzone at covers the period from May 10, 2010 to CAAA. The AQMS held a follow-up the contact information provided above May 28, 2010, consists of the PMNs teleconference meeting on March 15, by August 4, 2010, to be placed on the pending or expired, and the notices of 2010 to discuss information provided by public speaker list for the August 11, commencement to manufacture a new EPA on proposed adjustments to 2010 meeting. Written Statements: chemical that the Agency has received estimated emissions of primary PM2.5 Written statements should be received under TSCA section 5 during this time from particular sources and the effects in the SAB Staff Office by August 4, period.

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DATES: Comments identified by the Docket: All documents in the docket B. What Should I Consider as I Prepare specific PMN number or TME number, are listed in the docket index available My Comments for EPA? must be received on or before July 30, at http://www.regulations.gov. Although 1. Submitting CBI. Do not submit this 2010. listed in the index, some information is information to EPA through ADDRESSES: Submit your comments, not publicly available, e.g., CBI or other regulations.gov or e-mail. Clearly mark identified by docket identification (ID) information whose disclosure is the part or all of the information that number EPA–HQ–OPPT–2010–0519, by restricted by statute. Certain other you claim to be CBI. For CBI one of the following methods: material, such as copyrighted material, • information in a disk or CD-ROM that Federal eRulemaking Portal: http:// will be publicly available only in hard you mail to EPA, mark the outside of the www.regulations.gov. Follow the on-line copy. Publicly available docket disk or CD-ROM that you mail to EPA, instructions for submitting comments. materials are available electronically at mark the outside of the disk or CD-ROM • Mail: Document Control Office http://www.regulations.gov, or, if only as CBI and then identify electronically (7407M), Office of Pollution Prevention available in hard copy, at the OPPT within the disk or CD-ROM the specific and Toxics (OPPT), Environmental Docket. The OPPT Docket is located in information that is claimed as CBI. In Protection Agency, 1200 Pennsylvania the EPA Docket Center (EPA/DC) at Rm. addition to one complete version of the Ave., NW., Washington, DC 20460– 3334, EPA West Bldg., 1301 comment that includes information 0001. Constitution Ave., NW., Washington, • Hand Delivery: OPPT Document claimed as CBI, a copy of the comment DC. The EPA/DC Public Reading Room that does not contain the information Control Office (DCO), EPA East Bldg., hours of operation are 8:30 a.m. to 4:30 Rm. 6428, 1201 Constitution Ave., NW., claimed as CBI must be submitted for p.m., Monday through Friday, excluding inclusion in the public docket. Washington, DC. Attention: Docket ID legal holidays. The telephone number of Number EPA–HQ–OPPT–2010–0519. Information so marked will not be the EPA/DC Public Reading Room is disclosed except in accordance with The DCO is open from 8 a.m. to 4 p.m., (202) 566–1744, and the telephone Monday through Friday, excluding legal procedures set forth in 40 CFR part 2. number for the OPPT Docket is (202) 2. Tips for preparing your comments. holidays. The telephone number for the 566–0280. Docket visitors are required DCO is (202) 564–8930. Such deliveries When submitting comments, remember to show photographic identification, to: are only accepted during the DCO’s pass through a metal detector, and sign normal hours of operation, and special i. Identify the document by docket ID the EPA visitor log. All visitor bags are number and other identifying arrangements should be made for processed through an X-ray machine deliveries of boxed information. information (subject heading, Federal and subject to search. Visitors will be Register date and page number). Instructions: Direct your comments to provided an EPA/DC badge that must be docket ID number EPA–HQ–OPPT– ii. Follow directions. The Agency may visible at all times in the building and 2010–0519. EPA’s policy is that all ask you to respond to specific questions returned upon departure. comments received will be included in or organize comments by referencing a the docket without change and may be FOR FURTHER INFORMATION CONTACT: For Code of Federal Regulations (CFR) part made available on-line at http:// technical information contact: Bernice or section number. www.regulations.gov, including any Mudd, Information Management iii. Explain why you agree or disagree; personal information provided, unless Division 7407M, Office of Chemical suggest alternatives and substitute the comment includes information Safety Pollution Prevention, language for your requested changes. claimed to be Confidential Business Environmental Protection Agency, 1200 iv. Describe any assumptions and Information (CBI) or other information Pennsylvania Ave., NW., Washington, provide any technical information and/ whose disclosure is restricted by statute. DC 20460–0001; telephone number: or data that you used. Do not submit information that you (202) 564–8951; fax number: (202) 564– v. If you estimate potential costs or consider to be CBI or otherwise 8955; e-mail address: burdens, explain how you arrived at protected through regulations.gov or e- [email protected]. your estimate in sufficient detail to allow for it to be reproduced. mail. The regulations.gov website is an For general information contact: The ‘‘ ’’ vi. Provide specific examples to anonymous access system, which TSCA-Hotline, ABVI-Goodwill, 422 illustrate your concerns and suggest means EPA will not know your identity South Clinton Ave., Rochester, NY alternatives. or contact information unless you 14620; telephone number: (202) 554– vii. Explain your views as clearly as provide it in the body of your comment. 1404; e-mail address: TSCA- possible, avoiding the use of profanity If you send an e-mail comment directly [email protected]. to EPA without going through or personal threats. regulations.gov, your e-mail address SUPPLEMENTARY INFORMATION: viii. Make sure to submit your will be automatically captured and comments by the comment period included as part of the comment that is I. General Information deadline identified. placed in the docket and made available A. Does this Action Apply to Me? II. Why is EPA Taking this Action? on the Internet. If you submit an electronic comment, EPA recommends This action is directed to the public Section 5 of TSCA requires any that you include your name and other in general. As such, the Agency has not person who intends to manufacture contact information in the body of your attempted to describe the specific (defined by statute to include import) a comment and with any disk or CD-ROM entities that this action may apply to. new chemical (i.e., a chemical not on you submit. If EPA cannot read your Although others may be affected, this the TSCA Inventory to notify EPA and comment due to technical difficulties action applies directly to the submitter comply with the statutory provisions and cannot contact you for clarification, of the premanufacture notices addressed pertaining to the manufacture of new EPA may not be able to consider your in the action. If you have any questions chemicals. Under sections 5(d)(2) and comment. Electronic files should avoid regarding the applicability of this action 5(d)(3) of TSCA, EPA is required to the use of special characters, any form to a particular entity, consult the person publish a notice of receipt of a PMN or of encryption, and be free of any defects listed under FOR FURTHER INFORMATION an application for a TME and to publish or viruses. CONTACT. periodic status reports on the chemicals

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under review and the receipt of notices III. Receipt and Status Report for PMNs In Table I of this unit, EPA provides of commencement to manufacture those This status report identifies the PMNs the following information (to the extent chemicals. This status report, which pending or expired, and the notices of that such information is not claimed as covers the period from May 10, 2010 to commencement to manufacture a new CBI) on the PMNs received by EPA May 28, 2010, consists of the PMNs chemical that the Agency has received during this period: the EPA case number pending or expired, and the notices of under TSCA section 5 during this time assigned to the PMN; the date the PMN commencement to manufacture a new period. If you are interested in was received by EPA; the projected end chemical that the Agency has received information that is not included in the date for EPA’s review of the PMN; the under TSCA section 5 during this time following tables, you may contact EPA submitting manufacturer; the potential period. as described in Unit II. to access uses identified by the manufacturer in additional non-CBI information that the PMN; and the chemical identity. may be available.

I. 34 PREMANUFACTURE NOTICES RECEIVED FROM: 5/10/10 TO 5/28/10

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P–10–0372 05/07/10 08/04/10 CBI (S) Curing agent for epoxy resin in (G) Benzaldehyde, reaction products protective coatings with polyalkylenepolyamines, hydro- genated, N-aryl derivates P–10–0373 05/10/10 08/07/10 CBI (G) Open,non-dispersive (resin) (G) Adipic acid polyester P–10–0374 05/12/10 08/09/10 CBI (S) Epoxy curing agent for use in (G) Modified polyalkylene polyamine flooring applications reacted with Bisphenol A diglycidyl ether and modified epoxy resin P–10–0375 05/12/10 08/09/10 CBI (S) Binder for wood floor lacquers (G) Dimer fatty acid based polyester polyurethane P–10–0376 05/11/10 08/08/10 CBI (G) Catalyst (G) Organophosphine-cyclic ketone complex P–10–0377 05/11/10 08/08/10 CBI (G) Co-cure material for thermoset (S) Phenol, 4,4′-(1-methylethylidene) resins bis[2-(2-propen-1-yl)-,1,1′-diacetate P–10–0378 05/17/10 08/14/10 CBI (G) Adhesive (G) Metal oxide modified with alkyl and vinyl-terminated polysiloxanes P–10–0379 05/17/10 08/14/10 CBI (G) Ingredient in asphalt manufacture (G) Vegetable oil, ester, polyoumd, oxidized P–10–0380 05/17/10 08/14/10 CBI (G) Ingredient in asphalt manufacture (G) Vegetable oil, ester, polyoumd, oxidized P–10–0381 05/17/10 08/14/10 CBI (G) Ingredient in asphalt manufacture (G) Vegetable oil, ester, polyoumd, oxidized P–10–0382 05/17/10 08/14/10 CBI (G) Ingredient in asphalt manufacture (G) Vegetable oil, ester, polyoumd, oxidized P–10–0383 05/17/10 08/14/10 CBI (G) Ingredient in asphalt manufacture (G) Vegetable oil, ester, polyoumd, oxidized P–10–0384 05/17/10 08/14/10 CBI (G) Ingredient in asphalt manufacture (G) Vegetable oil, ester, polyoumd, oxidized P–10–0385 05/14/10 08/11/10 CBI (G) Colorant raw material (G) Phosphonic acid, P,P′-[[(4- substitutedl)amino]methylene]bis- ,potassium salt (1:1) P–10–0386 05/14/10 08/11/10 CBI (G) Colorant raw material (G) Phosphonic acid, P,P′-[[(4- substitutedl)amino]methylene]bis- P–10–0387 05/18/10 08/15/10 CBI (S) A component in ultraviolet light / (G) Bisphenol-A diglycidyl ether co- electron beam curable formulations polymer, 2-propenoate P–10–0388 05/18/10 08/15/10 KMC Exim (G) Adhesive additive (G) 2-propenoic acid, 2-methyl-, poly- mer with alkyl 2-propenoates, eth- enyl acetate and methyl-2-methyl-2- propenoate P–10–0389 05/19/10 08/16/10 CBI (G) Leather treatment component (G) Amino acid, N-(2-aminoalkyl)-, salt (1:1), polymers with cycloaliphatic diamine, alkyldiisocyanate, alpha-hydro- omega-hydroxy(alkyldiyl) and polyalkyl glycol mono alkyl ether blocked, alkyldiisocyanate-aromatic diisocyanate, polyalkyl glycol mono alkyl ether blocked P–10–0390 05/19/10 08/16/10 CBI (G) Leather coating component (G) Aromatic dicarboxylic acid, poly- mer with cycloaliphatic diamine, ali- phatic diisocyanate, aliphatic dicarboxylic acid, aliphatic diol, polyether diol, and dihydroxy ali- phatic carboxylic acid compound compound with aliphatic triamine

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I. 34 PREMANUFACTURE NOTICES RECEIVED FROM: 5/10/10 TO 5/28/10—Continued

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P–10–0391 05/25/10 08/22/10 CBI (G) Industrial solvent and reactive in- (G) Hydroxy acid, methyl ester termediate P–10–0392 05/25/10 08/22/10 CBI (G) Emulsion polymer (G) Dispersion copolymer of styrene- butadiene-isobornyl acrylate P–10–0393 05/25/10 08/22/10 CBI (G) Curing agent (G) Epoxy-amine polymer P–10–0394 05/25/10 08/22/10 CBI (G) Chemical reactant (G) Aromatic carboxylic acid P–10–0395 05/25/10 08/22/10 CBI (G) Chemical intermediate (G) Organic carboxylic acid P–10–0396 05/25/10 08/22/10 CBI (G) Chemical intermediate (G) Heteroaromatic compound P–10–0397 05/25/10 08/22/10 CBI (G) Thermoset and thermoplastic (G) Organic antioxidant polymers additive P–10–0398 05/26/10 08/23/10 CBI (G) Additive, open, non-dispersive (G) Amine neutralized polyacrylic acid use P–10–0399 05/26/10 08/23/10 CBI (G) Additive, open, non-dispersive (G) Styrene-maleinate copolymer use P–10–0400 05/26/10 08/23/10 CBI (G) Additive, open, non-dispersive (G) 2-(dimethylamino)ethyl methyl-2- use propenoate, polymer with alkyl-sub- stituted methyl-2-propenoate and akyl-substituted-2-propenoate, salt with mono(alkyl-substituted polyalkoxy)butanedione P–10–0401 05/26/10 08/23/10 CBI (G) Additive, open, non-dispersive (G) Styrene, copolymer with acrylic use acid, salt with alkoxylated alkenylamine P–10–0402 05/26/10 08/23/10 Kemira Chemicals, (S) Scale inhibitor for crude oil and (G) Polycarboxylic acid derivative Inc. gas production P–10–0403 05/26/10 08/23/10 CBI (G) Polymer composites, nondisper- (G) Acetoacetanilide reaction product sive use with multifunctional acrylate P–10–0404 05/27/10 08/24/10 CBI (G) Chemical intermediate, destruc- (G) Graphite oxide tive use P–10–0405 05/26/10 08/23/10 CBI (G) Surfactant additive for dispersive (G) Perfluorinated amphoteric surfac- use in fire fighting foams and vapor tant suppressing foams

In Table II of this unit, EPA provides CBI) on the Notices of Commencement the following information (to the extent to manufacture received: that such information is not claimed as

II. 21 NOTICES OF COMMENCEMENT FROM: 5/10/10 TO 5/28/10

Commencement Case No. Received Date Notice End Date Chemical

P–03–0785 05/25/10 05/12/10 (G) Propoxylated fatty alcohol esters P–08–0023 05/12/10 12/26/09 (G) Alkanedioic acid, polymer with 1,4-butanediol and 2-hydroxypropanoic acid P–08–0351 05/18/10 04/28/10 (G) Isocyanate terminated polyurethane P–08–0440 05/10/10 04/22/10 (G) Acrylic nitrile copolymer P–08–0441 05/10/10 04/22/10 (G) Acrylic ester nitrile copolymer P–09–0167 05/21/10 05/12/10 (G) Substituted styrene acrylate copolymer P–09–0207 05/17/10 05/02/10 (G) Alcohol ethoxylate P–09–0437 05/13/10 04/28/10 (G) Fatty acids, polymers with substituted carbocycles, alkyldiol, alkylaldehyde, substituted heterocycle, substituted alkyldiol, polyoumd modified oil and resin acids, carboxymethyl ethers compounds with substituted alcohol P–09–0439 05/10/10 04/28/10 (G) Silicones, aminomodified, hydroformiates P–09–0521 05/19/10 05/03/10 (G) Dialkyl imidazolium salt P–10–0063 05/19/10 04/13/10 (G) Aromatic discarboxylic acid, polymer with 1,3-diisocyanatomethylbenzene, .alpha., .alpha′.-[(1-methylethylidene)di-4,1-phenylene]bis[.omega.- hydroxypoly[oxy(methyl-1-2, ethanediyl)]] and 2,2′-oxybis[etehanol] P–10–0076 05/11/10 04/29/10 (S) Benzene, 4-bromo-1,2-dimethyl- P–10–0086 05/11/10 04/13/10 (G) Epoxidized benzoxazine P–10–0089 05/19/10 04/28/10 (G) Dialkyl imidazolium salt P–10–0104 05/25/10 05/14/10 (S) Silicic acid, 1-ethenylhexyl ethyl ester P–10–0132 05/21/10 04/27/10 (G) Aromatic hydrocarbon P–10–0134 05/10/10 05/01/10 (G) Alkyl sulfide, manufacture of, by-products from, distn. lights P–10–0145 05/25/10 05/14/10 (S) Silicic acid, 9-decen-1-yl ethyl ester P–10–0151 05/18/10 04/27/10 (S) 1,2-propanediol, 3-(3,4-dihydro-1(2H)-quinolinyl)- P–10–0156 05/19/10 05/06/10 (G) Substituted phenyl azo substituted phenyl alkyl substituted indole

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II. 21 NOTICES OF COMMENCEMENT FROM: 5/10/10 TO 5/28/10—Continued

Commencement Case No. Received Date Notice End Date Chemical

P–10–0176 05/11/10 04/22/10 (G) Aliphatic polycarboxylic acid, polymer with aromatic polycarboxylic acid and aliphatic polyol

List of Subjects I. General Information The contractor shall review some or all of the journal articles retrieved and A. Does this Action Apply to Me? Environmental protection, Chemicals, prepare a Journal Article Review Premanufacturer notices. This action applies to the public in summary (JARs) containing the Dated: June 21, 2010. general. As such, the Agency has not parameters/endpoints evaluated in the Gloria Drayton-Miller, attempted to describe all the specific studies. The contractor shall perform expert Acting Director, Information Management entities that may be affected by this action. If you have any questions analyses of difficult and complex Division, Office of Pollution Prevention and toxicological issues as defined in Toxics. regarding the applicability of this action to a particular entity, consult the person written technical direction from the [FR Doc. 2010–15648 Filed 6–29–10; 8:45 am] listed under FOR FURTHER INFORMATION Contracting Officer Representative BILLING CODE 6560–50–S CONTACT. (COR). The technical direction will provide key scientific questions and B. How Can I Get Copies of this data sets, as appropriate, that the ENVIRONMENTAL PROTECTION Document and Other Related contractor shall analyze and answer. AGENCY Information? These analyses shall assess the overall EPA has established a docket for this significance of the findings as they [EPA–HQ–OPP–2010–0194; FRL–8830–1] action under docket identification (ID) relate to the expected human health number EPA–HQ–OPP–2010-0194. effects. Such studies may focus on Dynamac Corporation; Transfer of Publicly available docket materials are endocrinology (including endocrine Data available either in the electronic docket disruption), epidemiology, immunology, at http://www.regulations.gov, or, if only cholinesterase inhibition, synergistic AGENCY: Environmental Protection available in hard copy, at the Office of interaction, behavioral pharmacology Agency (EPA). Pesticide Programs (OPP) Regulatory biostatics, mode of action studies, and risk assessment. To conduct these ACTION: Notice. Public Docket in Rm. S–4400, One Potomac Yard (South Bldg.), 2777 S. complex analyses, the contractor shall identify expert scientists in the required SUMMARY: This notice announces that Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are scientific disciplines, convene and/or pesticide related information submitted attend work groups or meeting to to EPA’s Office of Pesticide Programs from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal conduct coordinated reviews, conduct (OPP) pursuant to the Federal the workgroup or meetings, and prepare Insecticide, Fungicide, and Rodenticide holidays. The Docket Facility telephone number is (703) 305–5805. draft reports. Act (FIFRA) and the Federal Food, Drug, This contract involves no and Cosmetic Act (FFDCA), including II. Contractor Requirements subcontractors. information that may have been claimed OPP has determined that the contract Under this contract number, the as Confidential Business Information described in this document involves contractor will perform the following: (CBI) by the submitter, will be work that is being conducted in transferred to Dynamac Corporation in Under Contract No. EP10H001452, the connection with FIFRA, in that accordance with 40 CFR 2.307(h)(3) and contractor shall review and/or update pesticide chemicals will be the subject 2.308(i)(2). Dynamac Corporation has approximately 280 Data Evaluation of certain evaluations to be made under been awarded a contract to perform Records (DERs) per contract period to this contract. These evaluations may be work for OPP, and access to this address the evaluation of endocrine- used in subsequent regulatory decisions information will enable Dynamac related effects cited in the Other under FIFRA. Corporation to fulfill the obligations of Scientifically Relevant Information Some of this information may be the contract. (OSRI). The contractor shall retrieve entitled to confidential treatment. The some or all of an estimated 6,000 journal information has been submitted to EPA DATES: Dynamac Corporation will be articles cited in the OSRI that provide under sections 3, 4, 6, and 7 of FIFRA given access to this information on or information on the endocrine disruption and under sections 408 and 409 of before July 6, 2010. potential of the chemicals under FFDCA. FOR FURTHER INFORMATION CONTACT: consideration. In accordance with the requirements Felicia Croom, Information Technology The Test Order Recipients may of 40 CFR 2.307(h)(3), the contract with and Resources Management Division submit journal articles that will require Dynamac Corporation, prohibits use of (7502P), Office of Pesticide Programs, review of published mammalian the information for any purpose not Environmental Protection Agency, 1200 literature submitted as OSRI. Journal specified in this contract; prohibits Pennsylvania Ave., NW., Washington, articles may by submitted for nine Tier disclosure of the information to a third DC 20460–0001; telephone number: 1 Assays. It is estimated that the party without prior written approval (703) 305–0786; e-mail address: submission may include up to 10 from the Agency; and requires that each [email protected]. articles/assays x 9 per chemical x 67 official and employee of the contractor chemicals for a total of 6,000 journals sign an agreement to protect the SUPPLEMENTARY INFORMATION: articles. information from unauthorized release

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and to handle it in accordance with the business concerns with fewer than 25 safety broadband networks in the 700 FIFRA Information Security Manual. In employees. MHz spectrum. This waiver serves the addition, Dynamac Corporation is The FCC may not conduct or sponsor public interest by allowing state and required to submit for EPA approval a a collection of information unless it local jurisdictions to begin broadband security plan under which any CBI will displays a currently valid control deployment and speed services to the be secured and protected against number. No person shall be subject to public safety community. This will also unauthorized release or compromise. No any penalty for failing to comply with allow the Petitioners to take advantage information will be provided to a collection of information subject to the of available or potential funding, either Dynamac Corporation until the Paperwork Reduction Act (PRA) that through grants or planned budgetary requirements in this document have does not display a currently valid OMB expenditures, as well as to take been fully satisfied. Records of control number. advantage of economies of scale and information provided to Dynamac DATES: Written Paperwork Reduction other cost saving measures for Corporation will be maintained by EPA Act (PRA) comments should be deployments that are already planned. Project Officers for this contract. All submitted on or before August 30, 2010. In addition, Petitioners could benefit information supplied to Dynamac If you anticipate that you will be from the announced plans of some Corporation by EPA for use in submitting PRA comments, but find it commercial carriers to begin connection with this contract will be difficult to do so within the period of construction of LTE–based networks returned to EPA when Dynamac time allowed by this notice, you should this year and early next year, which Corporation has completed its work. advise the FCC contact listed below as would result in significant cost–savings. soon as possible. On May 21, 2010, the Commission’s Public Safety and Homeland Security List of Subjects ADDRESSES: Direct all PRA comments to Bureau released a Public Notice Environmental protection, Business Nicholas A. Fraser, Office of providing further guidance on the and industry, Government contracts, Management and Budget, via fax at 202– requirements set forth in the Order. Government property, Security 395–5167 or via the Internet at _ _ One of the conditions for such waiver measures. Nicholas A. [email protected] and is the submission of interoperability to the Federal Communications plans to the Commission’s Emergency Dated: June 21, 2010. Commission via email to [email protected]. Oscar Morales, Response Interoperability Center FOR FURTHER INFORMATION CONTACT: (‘‘ERIC’’). The Commission recently Acting Director, Office of Pesticide Programs. Judith B. Herman, Office of Managing decided to establish ERIC to promote [FR Doc. 2010–15456 Filed 6–29–10; 8:45 am] Director, (202) 418–0214. For additional appropriate technical requirements that BILLING CODE 6560–50–S information, contact Judith B. Herman, will ensure interoperability for these OMD, 202–418–0214 or email judith– early deployments from their inception, [email protected]. as well as for any future deployed FEDERAL COMMUNICATIONS SUPPLEMENTARY INFORMATION: networks. Given the rapidly evolving COMMISSION OMB Control Number: 3060–1140. nature of 3GPP deployments and Title: Requests for Waiver of Various standards, submission of the Petitioners’ Notice of Public Information Petitioners to Allow the Establishment interoperability plans will help ensure Collection(s) Being Reviewed by the of 700 MHz Interoperable Public Safety interoperability and roaming among Federal Communications Commission, Wireless Broadband Networks. these early deployments. Comments Requested Form No.: N/A. Another condition of waiver is Type of Review: Extension of a certification by Petitioners that their June 24, 2010. currently approved collection. vendors are participating actively in the SUMMARY: The Federal Communications Respondents: State, local or tribal PSCR/DC Demonstration Network Commission, as part of its continuing government. which will provide an open platform for effort to reduce paperwork burden Number of Respondents and development and testing of public safety invites the general public and other Responses: 50 respondents; 200 700 MHz LTE broadband equipment. Federal agencies to take this responses. This is important to ensure that, early in opportunity to comment on the Estimated Time Per Response: 1 hour the deployment stage, new broadband following information collection(s), as – 200 hours. equipment is being developed to required by the Paperwork Reduction Frequency of Response: On occasion, support the network meets public Act (PRA) of 1995, 44 U.S.C. 3501 – quarterly and one time reporting safety’s use expectations, will work in a 3520. Comments are requested requirements. multivendor environment, and allows concerning: (a) whether the proposed Obligation to Respond: Required to for roaming across multiple networks. collection of information is necessary obtain or retain benefits. Statutory We also require each Petitioner to for the proper performance of the authority for this information collection enter into a de facto spectrum lease with functions of the Commission, including is contained in 47 U.S.C. sections 151, the Public Safety Spectrum Trust whether the information shall have 154, 301, 303, 332 and 337. (‘‘PSST’’) in accordance with the terms practical utility; (b) the accuracy of the Total Annual Burden: 18,250 hours. and conditions of the Order. These Commission’s burden estimate; (c) ways Total Annual Cost: N/A. leases must be submitted for approval to enhance the quality, utility, and Privacy Act Impact Assessment: N/A. by the Commission’s Chief of the Public clarity of the information collected; (d) Nature and Extent of Confidentiality: Safety and Homeland Security Bureau ways to minimize the burden of the There is no need for confidentiality. within 60 days of approval by OMB. collection of information on the Needs and Uses: In the Order in PS We also require each Petitioner, respondents, including the use of Docket No. 06–229, FCC 10–79, the before deployment, to coordinate and automated collection techniques or Commission grants, with conditions, 21 address interference mitigation needs other forms of information technology, waiver petitions filed by public safety without any adjacent or bordering and (e) ways to further reduce the entities (‘‘Petitioners’’) seeking early jurisdictions that also plan deployment, information collection burden on small deployment of statewide or local public memorialize these agreements in

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writing, and submit them to ERIC Commission’s burden estimate; (c) ways Needs and Uses: The Commission within 30 days of their completion. to enhance the quality, utility, and will submit this expiring information Similarly, we require that parties clarity of the information collected; (d) collection to the Office of Management provide ERIC with notice of any changes ways to minimize the burden of the and Budget (OMB) after this comment or updates within 30 days. collection of information on the period to obtain the full three year In light of the novel nature of these respondents, including the use of clearance from them. There is no change deployments and the ongoing standards automated collection techniques or in the reporting requirements. The and equipment development for LTE, other forms of information technology, Commission is reporting a 400 hour we emphasize that diligent pursuit of and (e) ways to further reduce the increase in burden which is due to an deployment is expected. In this respect, information collection burden for small increase in the number of respondents. we also require Petitioners to file, in business concerns with fewer than 25 consultation with the PSST, 30 days employees. On June 8, 2000, the Commission after approval by OMB and quarterly The FCC may not conduct or sponsor adopted a Report and Order which thereafter, status reports with the a collection of information unless it established rules and policies to Commission’s Public Safety and displays a currently valid control encourage deployment of wireless Homeland Security Bureau addressing number. No person shall be subject to services to tribal lands pursuant to the the Petitioners’ progress in three areas: any penalty for failing to comply with objectives and requirements of Section 1) planning; 2) funding; and 3) a collection of information subject to the 309(j)(3) and (4) of the Communications deployment. Paperwork Reduction Act (PRA) that Act of 1934, as amended, and in The Commission requested does not display a currently valid OMB conjunction with data from the U.S. emergency OMB approval on June 1, control number. Census which indicted that 2010 for this new information DATES: Written Paperwork Reduction communities on tribal lands have collection. We received OMB approval Act (PRA) comments should be historically had less access to on June 18, 2010. Emergency OMB submitted on or before August 30, 2010. telecommunications services than any approvals are only granted for six If you anticipate that you will be other segment of the population. months. Therefore, the Commission is submitting PRA comments, but find it now required to conduct all the regular difficult to do so within the period of On March 7, 2003, the Commission submission processes when seeking the time allowed by this notice, you should adopted a Second Report and Order three year clearance from OMB. We are advise the FCC contact listed below as which extended the time period during now requesting an extension (no change soon as possible. which winning bidders can negotiate in the reporting requirements). There is ADDRESSES: Direct all PRA comments to with relevant tribes to obtain the no change in the Commission’s burden Nicholas A. Fraser, Office of certification needed to obtain the estimates. Management and Budget, via fax at 202– bidding credit in a particular market Federal Communications Commission. 395–5167 or via the Internet at from 90 days to 180 days. Further, the [email protected] and Second Report and Order clarified Marlene H. Dortch, to the Federal Communications various administrative matters involved Secretary, Commission via email to [email protected]. in implementing the bidding credit. Office of the Secretary, FOR FURTHER INFORMATION CONTACT: Office of Managing Director. On August 18, 2004, the Commission Judith B. Herman, Office of Managing adopted a Third Report and Order [FR Doc. 2010–15788 Filed 6–29–10; 8:45 am] Director, (202) 418–0214. For additional which raised the wireline telephone BILLING CODE 6712–01–S information, contact Judith B. Herman, penetration rate at which tribal lands OMD, 202–418–0214 or email judith– are eligible for a bidding credit from 70 [email protected]. FEDERAL COMMUNICATIONS percent or less, to 85 percent or less, SUPPLEMENTARY INFORMATION: COMMISSION and increased the amount of the bidding OMB Control Number: 3060–0950. credit available to carriers that pledge to Title: Bidding Credits for Tribal Notice of Public Information deploy on and serve qualifying tribal Lands. Collection(s) Being Reviewed by the Form No.: N/A. lands. Federal Communications Commission Type of Review: Extension of a Since the last submission to the OMB, for Extension Under Delegated currently approved collection. the Commission has adjusted the Authority, Comments Requested Respondents: Business or other for– number of respondents/responses, June 24, 2010. profit, not–for–profit institutions, and burden hours and annual costs. This is SUMMARY: The Federal Communications state, local or tribal government. due to the changing number licenses Commission, as part of its continuing Number of Respondents and estimated to be auctioned during a given effort to reduce paperwork burden Responses: 5 respondents; 5 responses. year. Although few applicants are Estimated Time Per Response: 10 – invites the general public and other actually affected, the number of 180 hours. Federal agencies to take this Frequency of Response: On occasion potential participants is in the opportunity to comment on the reporting requirement and hundreds, perhaps thousands. In other following information collection(s), as recordkeeping requirement. words, while few applicants have required by the Paperwork Reduction Obligation to Respond: Required to sought to participate in the Tribal Land Act (PRA) of 1995, 44 U.S.C. 3501 – obtain or retain benefits. Statutory Bidding Credit (TLBC) program, almost 3520. Comments are requested authority for this information collection all applicants for licenses for which concerning: (a) whether the proposed is contained in 47 U.S.C. section 309(j). TLBCs are available could take part in collection of information is necessary Total Annual Burden: 1,000 hours. the program. Because so many could for the proper performance of the Total Annual Cost: $180,000. possibly take part in the TLBC program, functions of the Commission, including Privacy Act Impact Assessment: N/A. the Commission needs to continue OMB whether the information shall have Nature and Extent of Confidentiality: approval for this expiring collection. practical utility; (b) the accuracy of the There is no need for confidentiality.

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Federal Communications Commission. 395–5167 or via the Internet at FEDERAL COMMUNICATIONS Marlene H. Dortch, [email protected] and COMMISSION Secretary, to the Federal Communications Office of the Secretary, Commission via email to [email protected]. [IB Docket No. 04–286; DA 10–1101] FOR FURTHER INFORMATION CONTACT: Office of Managing Director. Fifth Meeting of the Advisory Judith B. Herman, Office of Managing [FR Doc. 2010–15789 Filed 6–29–10; 8:45 am] Committee for the 2012 World Director, (202) 418–0214. For additional BILLING CODE 6712–01–S Radiocommunication Conference information, contact Judith B. Herman, OMD, 202–418–0214, or email judith– AGENCY: Federal Communications FEDERAL COMMUNICATIONS [email protected]. Commission. COMMISSION SUPPLEMENTARY INFORMATION: ACTION: Notice. OMB Control Number: 3060–0076. Notice of Public Information Title: Common Carrier Annual SUMMARY: In accordance with the Collection(s) Being Reviewed by the Employment Report. Federal Advisory Committee Act, as Federal Communications Commission Form No.: FCC Form 395. amended, this notice advises interested for Extension Under Delegated Type of Review: Extension of a persons that the fifth meeting of the Authority, Comments Requested currently approved collection. WRC–12 Advisory Committee will be held at the Federal Communications June 24 2010. Respondents: Business or other for– profit. Commission. The purpose of the SUMMARY: The Federal Communications meeting is to continue preparations for Commission, as part of its continuing Number of Respondents and Responses: 1,000 respondents, 1,000 the 2012 World Radiocommunication effort to reduce paperwork burden Conference. The WRC–12 Advisory invites the general public and other responses. Estimated Time Per Response: 1 hour. Committee will consider any Federal agencies to take this preliminary views and draft proposals opportunity to comment on the Frequency of Response: Annual reporting requirement and introduced by the WRC–12 Advisory following information collection(s), as Committee’s Informal Working Groups. required by the Paperwork Reduction recordkeeping requirement. DATES: July 28, 2010, 11 a.m. to 12 noon. Act (PRA) of 1995, 44 U.S.C. 3501 – Obligation to Respond: Required to 3520. Comments are requested obtain or retain benefits. Statutory ADDRESSES: Federal Communications concerning: (a) whether the proposed authority for this information collection Commission, 445 12th Street, SW., collection of information is necessary is contained in 47 U.S.C. sections 154, Room TW–C305, Washington, DC for the proper performance of the 303, and 307 – 310. 20554. functions of the Commission, including Total Annual Burden: 1,000 hours. FOR FURTHER INFORMATION CONTACT: whether the information shall have Total Annual Cost: N/A. Alexander Roytblat, Designated Federal practical utility; (b) the accuracy of the Privacy Act Impact Assessment: N/A. Official, WRC–12 Advisory Committee, Commission’s burden estimate; (c) ways Nature and Extent of Confidentiality: FCC International Bureau, Strategic to enhance the quality, utility, and There is no need for confidentiality. Analysis and Negotiations Division, at clarity of the information collected; (d) Needs and Uses: The Annual (202) 418–7501. Employment Report, FCC Form 395, is ways to minimize the burden of the SUPPLEMENTARY INFORMATION: The a data collection device to enforce the collection of information on the Federal Communications Commission FCC’s Equal Employment Opportunity respondents, including the use of established the WRC–12 Advisory (EEO) rules. All common carrier automated collection techniques or Committee to provide advice, technical licensees or permittees with sixteen (16) other forms of information technology, support and recommendations relating or more full–time employees are and (e) ways to further reduce the to the preparation of United States required to file this report and retain it information collection burden for small proposals and positions for the 2012 for a two–year period. The report business concerns with fewer than 25 World Radiocommunication Conference identifies each carrier’s staff by gender, employees. (WRC–12). race, color and/or national origin in The FCC may not conduct or sponsor In accordance with the Federal each of ten major job categories. The a collection of information unless it Advisory Committee Act, Public Law Commission has updated its race/ displays a currently valid control 92–463, as amended, this notice advises ethnicity and job categories on the FCC number. No person shall be subject to interested persons of the fifth meeting of Form 395 to conform with the race/ any penalty for failing to comply with the WRC–12 Advisory Committee. The ethnicity and job categories used by the a collection of information subject to the WRC–12 Advisory Committee has an Equal Employment Opportunity Paperwork Reduction Act (PRA) that open membership. All interested parties Commission (EEOC). does not display a currently valid OMB are invited to participate in the WRC– The information describes the control number. 12 Advisory Committee and to attend its applicant’s compliance with the EEO DATES: Written Paperwork Reduction meetings. The proposed agenda for the rules. The information issued by the Act (PRA) comments should be fifth meeting is as follows: submitted on or before August 30, 2010. Commission and public interest groups If you anticipate that you will be to compile industry employment trends. Agenda submitting PRA comments, but find it Federal Communications Commission. Fifth Meeting of the WRC–12 difficult to do so within the period of Marlene H. Dortch, Advisory Committee, Federal time allowed by this notice, you should Secretary, Communications Commission, 445 12th advise the FCC contact listed below as Office of the Secretary, Street, S.W., Room TW–C305, soon as possible. Washington, DC 20554, July 28, 2010, Office of Managing Director. ADDRESSES: Direct all PRA comments to 11 a.m. to 12 noon. Nicholas A. Fraser, Office of [FR Doc. 2010–15790 Filed 6–29–10; 8:45 am] 1. Opening Remarks. Management and Budget, via fax at 202– BILLING CODE 6712–01–S 2. Approval of Agenda.

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3. Approval of the Minutes of the also submit an electronic comment by shall be treated as a permit-but-disclose Fourth Meeting. Internet e-mail. To get filing proceeding under the ex parte rules, 4. Informal Working Group Reports instructions, filers should send an e- which are codified at 47 CFR 1.1200(a) and Documents Relating to Preliminary mail to [email protected], and include the and 1.1206. Therefore, ex parte Views and Draft Proposals. following words in the body of the presentations will be allowed but must 5. Future Meetings. message, ‘‘get form .’’ A sample form and requirements of § 1.1206(b) of the Federal Communications Commission. directions will be sent in response. Commission’s Rules, 47 CFR 1.1206(b). • Persons making oral ex parte Mindel De La Torre, Paper Filers: Parties who choose to file by paper must file an original and presentations are reminded that Chief, International Bureau. four copies of each filing. Filings can be memoranda summarizing the [FR Doc. 2010–15951 Filed 6–29–10; 8:45 am] sent by hand or messenger delivery, by presentations must contain summaries BILLING CODE 6712–01–P commercial overnight courier, or by of the substance of the presentations first-class or overnight U.S. Postal and not merely a listing of the subjects Service mail (although the FCC discussed. More than a one or two FEDERAL COMMUNICATIONS continues to experience delays in sentence description of the views and COMMISSION receiving U.S. Postal Service mail). All arguments presented is generally [CG Docket No. 02–278; DA 10–997] filings must be addressed to the required. See 47 CFR 1.1206(b). Other Commission’s Secretary, Marlene H. rules pertaining to oral and written ex Consumer & Governmental Affairs Dortch, Office of the Secretary, Federal parte presentations in permit-but- Bureau Seeks Comment on a Petition Communications Commission. disclose proceedings are set forth in for Expedited Clarification and • All hand-delivered or messenger- § 1.1206(b) of the Commission’s rules, Declaratory Ruling, Filed by Global delivered paper filings for the 47 CFR 1.1206(b). Tel*Link Corporation (Global Tel), Commission’s Secretary must be The full text of document DA 10–997 Concerning Applicability of the delivered to FCC Headquarters at 445 and any subsequently filed documents Telephone Consumer Protection Act 12th St., SW., Room TW–A325, in this matter will be available for and Federal Communications Washington, DC 20554. The filing hours public inspection and copying during Commission Rules are 8 a.m. to 7 p.m. All hand deliveries regular business hours at the FCC must be held together with rubber bands Reference Information Center, Portals II, AGENCY: Federal Communications 445 12th Street, SW., Room CY–A257, Commission. or fasteners. Any envelopes must be disposed of before entering the building. Washington, DC 20554, (202) 418–0270. ACTION: Notice. • Commercial overnight mail (other Document DA 10–997 and any subsequently filed documents in this SUMMARY: In this document, the than U.S. Postal Service Express Mail matter may also be purchased from the Commission seeks comment on Global and Priority Mail) must be sent to 9300 Commission’s duplicating contractor at Tel*Link Corporation’s Petition for East Hampton Drive, Capitol Heights, the contractor’s Web site, Expedited Clarification and Declaratory MD 20743. www.bcpiweb.com, or by calling (800) ruling concerning applicability of the • U.S. Postal Service first-class, 378–3160. Furthermore, document DA Telephone Consumer Protection Act Express, and Priority mail should be 10–997 and any subsequently filed and its rules. Specifically, Global Tel addressed to 445 12th Street, SW., Washington, DC 20554. documents in this matter may be found asks the Commission to declare that the by searching ECFS at http:// FOR FURTHER INFORMATION CONTACT: TCPA and associated FCC rules are fjallfoss.fcc.gov/ecfs (insert [CG Docket inapplicable to Global Tel’s use of Karen Johnson, Consumer and No. 02–278] into the Proceeding block). automatic notifications before Governmental Affairs Bureau, Policy To request materials in accessible completing calls to certain persons Division, at (202) 418–7706 (voice), or formats for people with disabilities dialed by prison inmates. e-mail [email protected]. (Braille, large print, electronic files, DATES: Comments are due on or before SUPPLEMENTARY INFORMATION: On March audio format), send an e-mail to July 15, 2010. Reply comments are due 4, 2010, Global Tel*Link Corporation [email protected] or call the Consumer on or before July 26, 2010. (Global Tel) filed a Petition for and Governmental Affairs Bureau at ADDRESSES: Interested parties may Expedited Clarification and Declaratory (202) 418–0530 (voice), (202) 418–0432 submit comments and reply comments Ruling regarding applicability of the (TTY). Document DA 10–997 can also identified by [CG Docket No. 02–278], Telephone Consumer Protection Act be downloaded in Word or Portable by any of the following methods: (TCPA) and Federal Communications Document Format (PDF) at: http:// • Electronic Filers: Comments may be Commission (FCC or Commission) rules www.fcc.gov/cgb/policy/. filed electronically using the Internet by to its calling practices. accessing the Commission’s Electronic See Petition for Expedited Synopsis Comment Filing System (ECFS), through Clarification and Declaratory Ruling, On March 4, 2010, Global Tel*Link the Commission’s Web site: http:// filed by Global Tel*Link Corporation on Corporation (Global Tel) filed a Petition fjallfoss.fcc.gov/ecfs, or the Federal March 4, 2010 (Petition). The TCPA, for Expedited Clarification and eRulemaking Portal: http:// Public Law 102–243, 105 Stat. 2394 Declaratory Ruling regarding www.regulations.gov. Filers should (1991), is codified at 47 U.S.C. 227. applicability of the Telephone follow the instructions provided on the This is a summary of the Consumer Protection Act (TCPA) and Web site for submitting comments. Commission’s Public Notice DA 10–997, Federal Communications Commission • For ECFS filers, in completing the which seeks comment on Global Tel’s (FCC or Commission) rules to its calling transmittal screen, filers should include petition. Pursuant to 47 CFR 1.415 and practices. Specifically, Global Tel asks their full name, U.S. Postal Service 1.419 of the Commission’s rules, the Commission to declare that the mailing address, and the applicable interested parties may file comments TCPA and associated FCC rules are docket number, which in this instance and reply comments on or before the inapplicable to Global Tel’s use of is [CG Docket No. 02–278]. Parties may dates indicated above. This proceeding automatic notifications before

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completing calls to certain persons ruling. First, Global Tel argues that the the office of the Board of Governors. dialed by prison inmates. automated notification calls that it Interested persons may express their According to the Petition, correctional places to inform a called party that an views in writing to the Reserve Bank facilities contract with Global Tel to incarcerated person has dialed the indicated for that notice or to the offices provide out-bound communication party’s telephone number and that a of the Board of Governors. Comments services for incarcerated persons. When payment account is required to receive must be received not later than July 16, an inmate without a pre-paid calling the call are not solicitation or 2010. card or debit calling account sanctioned telemarketing calls, but instead simply A. Federal Reserve Bank of by the correctional facility attempts to inform a called party how to establish Minneapolis (Jacqueline G. King, call an individual for the first time, and an account for the purpose of receiving Community Affairs Officer) 90 that individual is not served by a local calls from an inmate. Global Tel asserts Hennepin Avenue, Minneapolis, exchange carrier with which Global Tel its notification calls should be exempt Minnesota 55480-0291: has a billing arrangement or the inmate pursuant to section 227(b)(2)(B) of the 1. Paul Bennett Lewis, Mendota has dialed a called party’s cell phone, TCPA because the calls are not made for Heights, Minnesota, to become co- the call cannot be completed unless and a commercial purpose and do not trustee of the 2004 Children’s Trust, until a billing arrangement with the transmit an unsolicited advertisement. 2004 Grandchildren’s Trust, and 2005 called party is established. Once the Global Tel further asserts that the Grandchildren’s Trust to gain control of inmate dials the desired number, Global Commission’s ruling that autodialed Fidelity Holding Company, Minnetonka, Tel captures the number and initiates an and prerecorded message calls to Minnesota, and thereby gain control of automated interactive voice response wireless numbers that are provided by Fidelity Bank, Edina, Minnesota. notification to inform the called party the called party to a creditor in Board of Governors of the Federal Reserve that an incarcerated person is connection with an existing debt are System, June 25, 2010. attempting to contact him or her and the permissible as calls made with the Robert deV. Frierson, called party must establish an account ‘‘prior express consent’’ of the called Deputy Secretary of the Board. in order to receive the call. Global Tel party makes its prerecorded message [FR Doc. 2010–15860 Filed 6–29–10; 8:45 am] makes three attempts to notify the called calls to parties called by inmates BILLING CODE 6210–01–S party to establish an account to receive permissible. Global Tel contends that inmate calls. Without the relief the inmate possesses the prior express requested in the Petition, according to consent of the called party to be FEDERAL RESERVE SYSTEM Global Tel, it is exposed to risk of contacted at the number provided. unnecessary litigation from persons Global Tel states that its interactive Formations of, Acquisitions by, and bringing private actions under the voice recognition platform is neither a Mergers of Bank Holding Companies TCPA. predictive dialer nor a form of In relevant part, the TCPA regulates The companies listed in this notice autodialing as contemplated by the the use of automated telephone have applied to the Board for approval, TCPA. Lastly, Global Tel argues that equipment. Section 227(b)(1)(B) of the pursuant to the Bank Holding Company although the TCPA should not apply to TCPA makes it unlawful to place a non- Act of 1956 (12 U.S.C. 1841 et seq.) its notification calls and practices, these emergency telephone call to a (BHC Act), Regulation Y (12 CFR Part calls and practices meet the technical residential line ‘‘using an artificial or 225), and all other applicable statutes and procedural standards for artificial or prerecorded voice’’ without the and regulations to become a bank prerecorded voice systems set forth in recipient’s consent unless the call is holding company and/or to acquire the section 227(d)(3) of the TCPA. ‘‘exempted by rule or order of the assets or the ownership of, control of, or Commission under paragraph (2)(B).’’ Federal Communications Commission. the power to vote shares of a bank or Paragraph (2)(B), in turn, authorizes the Colleen Heitkamp, bank holding company and all of the Commission to enact limited Division Chief, Consumer and Governmental banks and nonbanking companies exemptions from this ban, including an Affairs Bureau. owned by the bank holding company, exemption for calls ‘‘that are not made [FR Doc. 2010–15950 Filed 6–29–10; 8:45 am] including the companies listed below. for a commercial purpose’’ or ‘‘do not BILLING CODE 6712–01–P The applications listed below, as well include the transmission of any as other related filings required by the unsolicited advertisement.’’ Further, Board, are available for immediate inspection at the Federal Reserve Bank section 227(b)(1)(A) of the TCPA FEDERAL RESERVE SYSTEM prohibits the use of any automatic indicated. The applications also will be telephone dialing system or an artificial Change in Bank Control Notices; available for inspection at the offices of or prerecorded voice to call any Acquisition of Shares of Bank or Bank the Board of Governors. Interested telephone number assigned to a cellular Holding Companies persons may express their views in telephone service absent an emergency writing on the standards enumerated in purpose or the ‘‘prior express consent of The notificants listed below have the BHC Act (12 U.S.C. 1842(c)). If the the called party.’’ Section 227(b)(2)(C) applied under the Change in Bank proposal also involves the acquisition of gives the Commission authority to Control Act (12 U.S.C. 1817(j)) and a nonbanking company, the review also exempt from this prohibition only those § 225.41 of the Board’s Regulation Y (12 includes whether the acquisition of the ‘‘calls to a telephone number assigned to CFR 225.41) to acquire a bank or bank nonbanking company complies with the a cellular telephone service that are not holding company. The factors that are standards in section 4 of the BHC Act charged to the called party, subject to considered in acting on the notices are (12 U.S.C. 1843). Unless otherwise such conditions as the Commission may set forth in paragraph 7 of the Act (12 noted, nonbanking activities will be prescribe as necessary in the interest of U.S.C. 1817(j)(7)). conducted throughout the United States. the privacy rights the provision is The notices are available for Additional information on all bank intended to protect.’’ immediate inspection at the Federal holding companies may be obtained Global Tel presents several arguments Reserve Bank indicated. The notices from the National Information Center to support its request for a declaratory also will be available for inspection at website at www.ffiec.gov/nic/.

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Unless otherwise noted, comments A. Federal Reserve Bank of Dallas (E. By Order of the Federal Maritime regarding each of these applications Ann Worthy, Vice President) 2200 Commission. must be received at the Reserve Bank North Pearl Street, Dallas, Texas 75201- Rachel E. Dickon, indicated or the offices of the Board of 2272: Assistant Secretary. Governors not later than July 26, 2010. 1. First Texas BHC, Inc., Fort Worth, [FR Doc. 2010–15948 Filed 6–29–10; 8:45 am] A. Federal Reserve Bank of New Texas, to engage de novo in lending and BILLING CODE 6730–01–P York (Ivan Hurwitz, Vice President) 33 servicing activities through its Liberty Street, New York, New York subsidiary, SWB Recovery, Inc., Fort 10045–0001: Worth, Texas, pursuant to section FEDERAL MARITIME COMMISSION 1. Woori Finance Holdings Co., Ltd, 225.28 (b)(1) of Regulation Y. Seoul, Korea; to acquire at least 51 Ocean Transportation Intermediary Board of Governors of the Federal Reserve percent of the voting shares of Hanmi System, June 25, 2010. License; Applicants Financial Corp., Los Angeles, California, Robert deV. Frierson, and thereby indirectly acquire Hanmi Notice is hereby given that the Bank, Los Angeles, California. Deputy Secretary of the Board. following applicants have filed with the Federal Reserve Bank of New York [FR Doc. 2010–15861 Filed 6–29–10; 8:45 am] Federal Maritime Commission an (Ivan Hurwitz, Vice President) 33 BILLING CODE 6210–01–S application for a license as a Non- Liberty Street, New York, New York Vessel-Operating Common Carrier 10045–0001: (NVO) and/or Ocean Freight Forwarder (OFF)—Ocean Transportation Board of Governors of the Federal Reserve FEDERAL MARITIME COMMISSION Intermediary (OTI) pursuant to section System, June 24, 2010. 19 of the Shipping Act of 1984 as Notice of Agreements Filed Robert deV. Frierson, amended (46 U.S.C. Chapter 409 and 46 Deputy Secretary of the Board. The Commission hereby gives notice CFR 515). Notice is also hereby given of [FR Doc. 2010–15786 Filed 6–29–10; 8:45 am] of the filing of the following agreements the filing of applications to amend an BILLING CODE 6210–01–S under the Shipping Act of 1984. existing OTI license or the Qualifying Interested parties may submit comments Individual (QI) for a license. on the agreements to the Secretary, Interested persons may contact the FEDERAL RESERVE SYSTEM Federal Maritime Commission, Office of Transportation Intermediaries, Federal Maritime Commission, Notice of Proposals to Engage in Washington, DC 20573, within ten days Washington, DC 20573. Permissible Nonbanking Activities or of the date this notice appears in the to Acquire Companies that are Federal Register. Copies of the A. C. Global, LLC (OFF & NVO), 70 Engaged in Permissible Nonbanking agreements are available through the Grand Avenue, River Edge, NJ 07661. Activities Commission’s Web site (http:// Sophie Persits, President (Qualifying www.fmc.gov) or by contacting the Individual). Application Type: The companies listed in this notice Office of Agreements at (202) 523–5793 License Transfer. have given notice under section 4 of the or [email protected]. ALG Global Logistics Inc. (OFF & NVO), Bank Holding Company Act (12 U.S.C. Agreement No.: 012032–005. 400 Continental Blvd.—6th Floor, El 1843) (BHC Act) and Regulation Y (12 Title: CMA CGM/MSC/Maersk Line Segundo, CA 90245. Lorrie Vidal, CFR Part 225) to engage de novo, or to North and Central China-US Pacific CEO (Qualifying Individual). acquire or control voting securities or Coast Two-Loop Space Charter, Sailing Application Type: New OFF & NVO. assets of a company, including the and Cooperative Working Agreement. Alisped U.S.A. Inc. (NVO), 147–55 companies listed below, that engages Parties: A.P. Moller-Maersk A/S, CMA 175th Street—Suite 108, Jamaica, NY either directly or through a subsidiary or CGM S.A., and Mediterranean Shipping 11434. Lorenzo Giusti, Treasurer other company, in a nonbanking activity Company S.A. (Qualifying Individual), Adriano that is listed in § 225.28 of Regulation Y Filing Party: Wayne R. Rohde, Esq.; Cerretelli, Owner. Application Type: (12 CFR 225.28) or that the Board has Sher and Blackwell LLP; 1850 M Street, QI Change. determined by Order to be closely NW., Suite 900; Washington, DC 20036. All West Coast Shipping Inc. dba West related to banking and permissible for Synopsis: The amendment reinstates a Coast Shipping (NVO) 1065 Broadway bank holding companies. Unless suspended service loop, makes Avenue, San Pablo, CA 94806. otherwise noted, these activities will be adjustments to space allocations, and Aleksandr Naumov, Vice President & conducted throughout the United States. restates the Agreement. COO (Qualifying Individual), Andrey Each notice is available for inspection Naumov, President & Secretary. at the Federal Reserve Bank indicated. Agreement No.: 201118–003. Application Type: QI Change. The notice also will be available for Title: Lease and Operating Agreement Arlette P. Porras dba RA International inspection at the offices of the Board of between Philadelphia Regional Port (OFF & NVO), 1900 Los Alamitos Governors. Interested persons may Authority and Penn Warehousing & Drive, Placentia, CA 92870. Arlette P. express their views in writing on the Distribution, Inc. Porras, Sole Proprietor (Qualifying question whether the proposal complies Parties: Philadelphia Regional Port Individual). Application Type: New with the standards of section 4 of the Authority and Penn Warehousing and OFF and NVO License. BHC Act. Additional information on all Distribution, Inc. Delmar International (N.Y.) Inc. (OFF & bank holding companies may be Filing Party: Paul D. Coleman, Esq.; NVO), 147–55 175th Street, Jamaica, obtained from the National Information Hoppel, Mayer & Coleman; 1050 NY 11434. Officers: Ricky Kam Sing Center website at www.ffiec.gov/nic/. Connecticut Ave. NW., 10th Floor; Ho, Vice President (Qualifying Unless otherwise noted, comments Washington, DC 20036. Individual), Harrison Cutler, regarding the applications must be Synopsis: The amendment adjusts Chairman. Application Type: QI received at the Reserve Bank indicated rental fees for an additional Change. or the offices of the Board of Governors improvement of the facility. Demanko HLC Logistics, Inc. (NVO), 3 not later than July 16, 2010. Dated: June 25, 2010. Melvin Street, Wakefield, MA 01880.

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Kevin F. O’Donnell, Vice President File No. 092 3093’’ to facilitate the and on the envelope, and should be (Qualifying Individual), Oscar organization of comments. Please note mailed or delivered to the following DeVlaminck, President. Application that your comment — including your address: Federal Trade Commission, Type: New NVO License. name and your state — will be placed Office of the Secretary, Room H-135 India Maritime Agency LLC (NVO), 25 on the public record of this proceeding, (Annex D), 600 Pennsylvania Avenue, E. Spring Valley Avenue—Suite 100, including on the publicly accessible NW, Washington, DC 20580. The FTC is Maywood, NJ 07607. Joseph FTC website, at (http://www.ftc.gov/os/ requesting that any comment filed in Monaghan, President/CEO (Qualifying publiccomments.shtm). paper form be sent by courier or Individual). Application Type: New Because comments will be made overnight service, if possible, because NVO License. public, they should not include any U.S. postal mail in the Washington area Montgomery International, Inc. (OFF), sensitive personal information, such as and at the Commission is subject to 341 Ericson Ave.—P.O. Box 124, an individual’s Social Security Number; delay due to heightened security Essington, PA 19029. Ari M. Bobrow, date of birth; driver’s license number or precautions. Export Manager (Qualifying other state identification number, or The Federal Trade Commission Act Individual), Jimmy Montgomery, foreign country equivalent; passport (‘‘FTC Act’’) and other laws the President. Application Type: New number; financial account number; or Commission administers permit the OFF License. credit or debit card number. Comments collection of public comments to Seamaster Logistics, Inc. (NVO), 800 also should not include any sensitive consider and use in this proceeding as Federal Blvd., Carteret, NJ 07008. health information, such as medical appropriate. The Commission will Myles O’Brien, President & CEO, records or other individually consider all timely and responsive (Qualifying Individual) Robert identifiable health information. In public comments that it receives, Agresti, CFO & Treasurer. Application addition, comments should not include whether filed in paper or electronic Type: QI Change. any ‘‘[t]rade secret or any commercial or form. Comments received will be Sooner Solutions LLC (OFF), 33200 E. financial information which is obtained available to the public on the FTC Lake Holm Drive SE., Auburn, WA from any person and which is privileged website, to the extent practicable, at 98092. Jean F. Keller, Member or confidential....,’’ as provided in (http://www.ftc.gov/os/ (Qualifying Individual). Application Section 6(f) of the FTC Act, 15 U.S.C. publiccomments.shtm). As a matter of Type: New OFF License. 46(f), and Commission Rule 4.10(a)(2), discretion, the Commission makes every Supreme International Ltd. (OFF), 9204 16 CFR 4.10(a)(2). Comments containing effort to remove home contact South Commercial Avenue—Suite material for which confidential information for individuals from the 209, Chicago, IL 60617. Bosun A. treatment is requested must be filed in public comments it receives before Dominic, President & CEO (Qualifying paper form, must be clearly labeled placing those comments on the FTC Individual). Application Type: New ‘‘Confidential,’’ and must comply with website. More information, including OFF License. FTC Rule 4.9(c), 16 CFR 4.9(c).1 routine uses permitted by the Privacy Dated: June 25, 2010. Because paper mail addressed to the Act, may be found in the FTC’s privacy FTC is subject to delay due to Karen V. Gregory, policy, at (http://www.ftc.gov/ftc/ heightened security screening, please privacy.shtm). Secretary. consider submitting your comments in [FR Doc. 2010–15946 Filed 6–29–10; 8:45 am] electronic form. Comments filed in FOR FURTHER INFORMATION CONTACT: BILLING CODE 6730–01–P electronic form should be submitted by Laura Berger (202-326-2471), Bureau of using the following weblink: (http:// Consumer Protection, 600 Pennsylvania public.commentworks.com/ftc/twitter) Avenue, NW, Washington, D.C. 20580. FEDERAL TRADE COMMISSION and following the instructions on the SUPPLEMENTARY INFORMATION: Pursuant web-based form. To ensure that the [File No. 092 3093] to section 6(f) of the Federal Trade Commission considers an electronic Commission Act, 38 Stat. 721, 15 U.S.C. Twitter, Inc.; Analysis of Proposed comment, you must file it on the web- 46(f), and § 2.34 the Commission Rules Consent Order to Aid Public Comment based form at the weblink: (http:// of Practice, 16 CFR 2.34, notice is public.commentworks.com/ftc/twitter). hereby given that the above-captioned AGENCY: Federal Trade Commission. If this Notice appears at (http:// consent agreement containing a consent ACTION: Proposed Consent Agreement. www.regulations.gov/search/index.jsp), order to cease and desist, having been you may also file an electronic comment filed with and accepted, subject to final SUMMARY: The consent agreement in this through that website. The Commission approval, by the Commission, has been matter settles alleged violations of will consider all comments that placed on the public record for a period federal law prohibiting unfair or regulations.gov forwards to it. You may of thirty (30) days. The following deceptive acts or practices or unfair also visit the FTC website at (http:// Analysis to Aid Public Comment methods of competition. The attached www.ftc.gov/) to read the Notice and the describes the terms of the consent Analysis to Aid Public Comment news release describing it. agreement, and the allegations in the describes both the allegations in the A comment filed in paper form complaint. An electronic copy of the draft complaint and the terms of the should include the ‘‘Twitter, Inc., File full text of the consent agreement consent order — embodied in the No. 092 3093’’ reference both in the text package can be obtained from the FTC consent agreement — that would settle Home Page (for June 24, 2010), on the 1 these allegations. The comment must be accompanied by an World Wide Web, at (http:// DATES: explicit request for confidential treatment, Comments must be received on including the factual and legal basis for the request, www.ftc.gov/os/actions.shtm). A paper or before July 26, 2010. and must identify the specific portions of the copy can be obtained from the FTC ADDRESSES: Interested parties are comment to be withheld from the public record. Public Reference Room, Room 130-H, The request will be granted or denied by the invited to submit written comments Commission’s General Counsel, consistent with 600 Pennsylvania Avenue, NW, electronically or in paper form. applicable law and the public interest. See FTC Washington, D.C. 20580, either in Comments should refer to‘‘Twitter, Inc., Rule 4.9(c), 16 CFR 4.9(c). person or by calling (202) 326-2222.

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Public comments are invited, and may Despite these representations, Twitter or about an individual consumer. be filed with the Commission in either engaged in a number of practices that, ‘‘Nonpublic consumer information’’ is paper or electronic form. All comments taken together, failed to provide defined broadly to mean nonpublic, should be filed as prescribed in the reasonable and appropriate security to individually-identifiable information ADDRESSES section above, and must be prevent unauthorized access to from or about an individual consumer, received on or before the date specified nonpublic user information and honor including, but not limited to, an in the DATES section. the privacy choices exercised by such individual consumer’s: (a) email address; (b) Internet Protocol (‘‘IP’’) Analysis of Agreement Containing users in designating certain tweets as address or other persistent identifier; (c) Consent Order to Aid Public Comment nonpublic. Specifically, Twitter failed to prevent unauthorized administrative mobile telephone number; and (d) The Federal Trade Commission has control of the Twitter system, which nonpublic communications made using accepted, subject to final approval, a includes the ability to: reset a user’s Twitter’s microblogging platform. The consent agreement from Twitter, Inc. account password, view a user’s proposed order contains provisions (‘‘Twitter’’). nonpublic tweets and other nonpublic designed to prevent Twitter from The proposed consent order has been user information, and send tweets on engaging in the future in practices placed on the public record for thirty behalf of a user. Among other things, similar to those alleged in the (30) days for receipt of comments by Twitter failed to: complaint. interested persons. Comments received Part I of the proposed order prohibits during this period will become part of a. establish or enforce policies sufficient Twitter from misrepresenting the the public record. After thirty (30) days, to make administrative passwords security, privacy, confidentiality, or the Commission will again review the hard to guess, including policies that: integrity of any ‘‘nonpublic consumer agreement and the comments received, (1) prohibit the use of common information.’’ and will decide whether it should dictionary words as administrative Part II of the proposed order requires withdraw from the agreement and take passwords; or (2) require that such Twitter to establish and maintain a appropriate action or make final the passwords be unique – i.e., different comprehensive information security agreement’s proposed order. from any password that the employee program in writing that is reasonably Since approximately July 2006, uses to access third-party programs, designed to protect the security, Twitter has operated (www.twitter.com), websites, and networks; privacy, confidentiality, and integrity of a social networking website that enables b. establish or enforce policies sufficient nonpublic consumer information. The consumers who use Twitter (‘‘users’’) to to prohibit storage of administrative security program must contain send ‘‘tweets’’ – brief updates of 140 passwords in plain text in personal administrative, technical, and physical characters or less – to their ‘‘followers’’ email accounts; safeguards appropriate to Twitter’s size (i.e., users who sign up to receive such and complexity, the nature and scope of c. suspend or disable administrative updates) via email and phone text. its activities, and the sensitivity of the passwords after a reasonable number Consumers who use Twitter can follow nonpublic consumer information. of unsuccessful login attempts; other individuals, as well as Specifically, the order requires Twitter commercial, media, governmental, or d. provide an administrative login to: nonprofit entities. Twitter offers privacy webpage that is made known only to ∑ designate an employee or employees settings through which a user may authorized persons and is separate to coordinate and be accountable for choose to designate tweets as nonpublic. from the login webpage provided to the information security program; In addition, Twitter collects certain other users; information about its users that it does ∑ identify reasonably-foreseeable, e. enforce periodic changes of not make public (‘‘nonpublic user material risks, both internal and administrative passwords, such as by information’’). Such information external, that could result in the setting these passwords to expire includes: an email address, Internet unauthorized disclosure, misuse, loss, every 90 days; Protocol (‘‘IP’’) addresses, mobile alteration, destruction, or other telephone number (for users who f. restrict each person’s access to compromise of nonpublic consumer receive updates by phone), and the administrative controls according to information or in unauthorized username for any Twitter account that a the needs of that person’s job; and administrative control of the Twitter user has chosen to ‘‘block’’ from g. impose other reasonable restrictions system and assess the sufficiency of exchanging tweets with the user. This on administrative access, such as by any safeguards in place to control nonpublic user information cannot be restricting access to specified IP these risks; viewed by other users or any other third addresses. ∑ design and implement reasonable parties, but – with the exception of IP safeguards to control the risks addresses – can be viewed after login by The complaint alleges that between identified through risk assessment the account owner. January and May 2009, intruders and regularly test or monitor the The Commission’s complaint alleges exploited these failures on two effectiveness of the safeguards’ key that Twitter violated Section 5(a) of the occasions in order to obtain controls, systems, and procedures; FTC Act by falsely representing to unauthorized administrative control of ∑ consumers that it uses at least the Twitter system. Through this develop and use reasonable steps to reasonable safeguards to protect user administrative control, the intruders select and retain service providers information from unauthorized access. were able to: (1) gain unauthorized capable of appropriately safeguarding The complaint further alleges that, access to nonpublic tweets and nonpublic consumer information they through its statements regarding the nonpublic user information, and (2) receive from respondent, and require privacy settings it offers to enable users reset users’ passwords and send service providers by contract to to keep their tweets private, Twitter unauthorized tweets from users’ implement and maintain appropriate falsely represented that it maintains at accounts. safeguards; and least reasonable safeguards to honor the The proposed order applies to ∑ evaluate and adjust its information privacy choices exercised by users. ‘‘nonpublic consumer information’’ from security program in light of the results

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of the testing and monitoring, any managers, and to all current and future including your address, phone number, material changes to its operations or employees, agents, and representatives OMB number, and OS document business arrangements, or any other having responsibilities relating to the identifier, to circumstances that it knows or has subject matter of the order. Part VI [email protected], or call reason to know may have a material ensures notification to the FTC of the Reports Clearance Office on (202) impact on the effectiveness of its changes in corporate status. Part VII 690–5683. Send written comments and information security program. mandates that Twitter submit an initial recommendations for the proposed Part III of the proposed order requires compliance report to the FTC and make information collections within 30 days that Twitter obtain within 180 days, and available to the FTC subsequent reports. of this notice directly to the OS OMB on a biennial basis thereafter for ten (10) Part VIII is a provision ‘‘sunsetting’’ the Desk Officer; faxed to OMB at 202–395– years, an assessment and report from a order after twenty (20) years, with 5806. qualified, objective, independent third- certain exceptions. Proposed Project: Activities to Assess party professional, certifying, among The purpose of the analysis is to aid the Feasibility of Creating and other things, that: it has in place a public comment on the proposed order. Maintaining a National Registry of Child security program that provides It is not intended to constitute an Abuse and Neglect Perpetrators—OMB protections that meet or exceed the official interpretation of the proposed No. 0990–NEW—Office of the Assistant protections required by Part II of the order or to modify its terms in any way. Secretary for Planning and Evaluation. proposed order; and its security By direction of the Commission. Abstract: This study will assess the program is operating with sufficient Donald S. Clark, feasibility of implementing a national effectiveness to provide reasonable Secretary. registry of child maltreatment assurance that the security, privacy, perpetrators. The study has two confidentiality, and integrity of [FR Doc. 2010–15827 Filed 6–29–10; 1:40 pm] BILLING CODE 6750–01–S components: a Prevalence Study, and a nonpublic consumer information is Key Informant Survey. The Prevalence protected. Study will provide national estimates of Parts IV through VIII of the proposed the number of persons who have been order are reporting and compliance DEPARTMENT OF HEALTH AND HUMAN SERVICES found to be substantiated perpetrators of provisions. The proposed order requires child maltreatment in more than one Twitter to retain for a period of five (5) [Document Identifier OS–0990–New; 30-day State. The data for this component of years from the date received, documents notice] the study will come primarily from that contradict, qualify, or call into records from the National Child Abuse question its compliance with this order. Agency Information Collection and Neglect Data System. These data Part IV further requires that Twitter Request; 30-Day Public Comment will be supplemented with encoded retain all materials relied upon to Request names and dates of birth of all prepare the third-party assessments for substantiated child maltreatment a period of three (3) years after the date AGENCY: Office of the Secretary, HHS. perpetrators over a five year period in that each assessment is prepared. In In compliance with the requirement order to facilitate inter-state record addition, Part IV requires that Twitter of section 3506(c)(2)(A) of the matching, and will be collected from the retain all ‘‘widely-disseminated Paperwork Reduction Act of 1995, the States. statements’’ that describe the extent to Office of the Secretary (OS), Department which it maintains and protects the of Health and Human Services, is The Key Informant Survey will collect security, privacy, confidentiality, or publishing the following summary of a information in several areas including: integrity of any nonpublic consumer proposed collection for public the structure and content of State information, along with all materials comment. Interested persons are invited repositories of data on child relied upon in making or disseminating to send comments regarding this burden maltreatment perpetrators; current legal such statements, for a period of three (3) estimate or any other aspect of this mandates and policies concerning the years after the date of preparation or collection of information, including any sharing of information on substantiated dissemination, whichever is later. Part of the following subjects: (1) The perpetrators; existing practices for IV also requires Twitter to maintain for necessity and utility of the proposed sharing information on child six (6) months from the date received all information collection for the proper maltreatment perpetrators with other consumer complaints directed at performance of the agency’s functions; states; and perceived benefits and costs Twitter or forwarded to Twitter from a (2) the accuracy of the estimated to participation in a national registry third party that relate to the activities burden; (3) ways to enhance the quality, that may affect States’ future alleged in the proposed complaint. utility, and clarity of the information to participation. Finally, Part IV requires that Twitter be collected; and (4) the use of This is a one-time data collection maintain for two (2) years from the date automated collection techniques or effort. The affected public consists of received copies of all subpoenas and other forms of information technology to the 50 States, the District of Columbia, communications with law enforcement, minimize the information collection and Puerto Rico. Respondents will if such communications relate to burden. include staff designated by state child Twitter’s compliance with the order. To obtain copies of the supporting welfare directors including IT staff, Part V requires dissemination of the statement and any related forms for the department attorneys, and state child order now and in the future to proposed paperwork collections welfare administrators. The length of principals, officers, directors, and referenced above, e-mail your request, the request is for two years.

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ESTIMATED ANNUALIZED BURDEN TABLE

Average Type of Number of Number of burden Total burden Instrument respondent respondents responses per (in hours) hours respondent per response

Prevalence Study ...... State IT Staff 52 1 30 1,560 Key Informant Survey: Legal/Policy Questionnaire ...... Attorney from 52 1 3 156 Child Wel- fare Agency. Key Informant Survey: Practices Questionnaire ...... State Adminis- 52 1 3 156 trator. Key Informant Survey: Technical Information on Data Re- State adminis- 52 1 2 104 positories Questionnaire. trator.

Total ...... 1,976

Seleda Perryman, of the following subjects: (1) The Proposed Project: Application for Office of the Secretary, Paperwork Reduction necessity and utility of the proposed Waiver of the 2-Year Foreign Residence Act Clearance Officer. information collection for the proper Requirement of the Exchange Visitor [FR Doc. 2010–15800 Filed 6–29–10; 8:45 am] performance of the agency’s functions; Waiver Program, OMB No. 0990–0001— BILLING CODE 4150–05–P (2) the accuracy of the estimated Reinstatement without change, Office of burden; (3) ways to enhance the quality, the Secretary, Office of Global Health utility, and clarity of the information to Affairs. DEPARTMENT OF HEALTH AND be collected; and (4) the use of Abstract: The Office of Global Health HUMAN SERVICES automated collection techniques or Affairs is requesting an extension on a other forms of information technology to [Document Identifier OS–0990–0001; 30-day previous approved collection OMB # notice] minimize the information collection burden. 0990–0001—Application for Waiver of Agency Information Collection the 2-Year Foreign Residence To obtain copies of the supporting Request; 30-Day Public Comment Requirement of the Exchange Visitor Request statement and any related forms for the Waiver Program. The form and proposed paperwork collections supplementary information sheets are AGENCY: Office of the Secretary, HHS. referenced above, e-mail your request, used by this Department to make including your address, phone number, In compliance with the requirement determination in accordance with its OMB number, and OS document of section 3506(c)(2)(A) of the published regulations, as to whether or Paperwork Reduction Act of 1995, the identifier, to not to request from the Department of Office of the Secretary (OS), Department [email protected], or call State, a waiver of the two-year foreign of Health and Human Services, is the Reports Clearance Office on (202) residence requirement for applicants in publishing the following summary of a 690–5683. Send written comments and proposed collection for public recommendations for the proposed the United States on a J–1 visa. The comment. Interested persons are invited information collections within 30 days affected public is business for profit, to send comments regarding this burden of this notice directly to the OS OMB not-for profit institutions, Federal estimate or any other aspect of this Desk Officer; faxed to OMB at 202–395– Government, State, Local or Tribal collection of information, including any 5806. Government.

ESTIMATED ANNUALIZED BURDEN TABLE

Average Number of Number of burden Total burden Forms Type of respondent respondents responses per (in hours) hours respondent per response

HHS–426 ...... Research Applications ...... 150 1 10 1,500 HHS–426 ...... Clinical Care Research ...... 50 1 10 500

Total ...... 2,000

Seleda Perryman, DEPARTMENT OF HEALTH AND In compliance with the requirement Office of the Secretary, Paperwork Reduction HUMAN SERVICES of section 3506(c)(2)(A) of the Act Clearance Officer. Paperwork Reduction Act of 1995, the [FR Doc. 2010–15803 Filed 6–29–10; 8:45 am] [Document Identifier OS–0937–0025; 30-day Office of the Secretary (OS), Department BILLING CODE 4150–38–P notice] of Health and Human Services, is publishing the following summary of a Agency Information Collection proposed collection for public Request; 30-Day Public Comment comment. Interested persons are invited Request to send comments regarding this burden AGENCY: Office of the Secretary, HHS. estimate or any other aspect of this

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collection of information, including any the Reports Clearance Office on (202) Budget (OMB) approve form PHS–50, of the following subjects: (1) The 690–5683. Send written comments and ‘‘Application for Appointment as a necessity and utility of the proposed recommendations for the proposed Commissioned Officer in the United information collection for the proper information collections within 30 days States Public Health Service performance of the agency’s functions; of this notice directly to the OS OMB Commissioned Corps,’’ (OMB No. 0937– (2) the accuracy of the estimated Desk Officer; faxed to OMB at 202–395– 0025) and form PHS–1813, ‘‘Reference burden; (3) ways to enhance the quality, 5806. Request for Applicants to the United utility, and clarity of the information to Proposed Project: Application for States Public Health Service be collected; and (4) the use of Appointment as a Commissioned Commissioned Corps’’ (OMB No. 0937– automated collection techniques or Officer in the United States Public 0025). other forms of information technology to Health Service Commissioned Corps, minimize the information collection OMB No. 0937–0025—Reinstatement The principal purpose for collecting burden. with change, Office of Commissioned the information is to permit HHS to To obtain copies of the supporting Corps Force Management, Office of determine eligibility for appointment of statement and any related forms for the Public Health and Science. applicants into the Commissioned Corps proposed paperwork collections Abstract: Pursuant to the Paperwork of the U.S. Public Health Service referenced above, e-mail your request, Reduction Act of 1995, the Office of (Corps). The application packet pertains including your address, phone number, Commissioned Corps Force only to individual health professionals OMB number, and OS document Management (OCCFM), Office of Public who wish to apply for appointment in identifier, to Health and Science(OPHS), requests the Corps. This is a request for a 3-year [email protected], or call that the Office of Management and approval.

ESTIMATED ANNUALIZED BURDEN TABLE

Average Number of Number of burden per Total burden Type of respondent Form name respondents responses per response hours respondent (in hours)

Interested Health Professionals ...... Prequalification Questionnaire ...... 8,400 1 10/60 1,400 Health Professionals ...... Form PHS–50 ...... 2,500 1 1 2,500 References (college professors/ Form PHS–1813 ...... 10,000 1 15/60 2,500 teachers).

Total ...... 6,400

Seleda Perryman, estimate or any other aspect of this of this notice directly to the OS OMB Office of the Secretary, Paperwork Reduction collection of information, including any Desk Officer; faxed to OMB at 202–395– Act Reports Clearance Officer. of the following subjects: (1) The 5806. [FR Doc. 2010–15806 Filed 6–29–10; 8:45 am] necessity and utility of the proposed Proposed Project: Voluntary BILLING CODE 4150–49–P information collection for the proper Academic and Industry DHHS Partner performance of the agency’s functions; Surveys—OMB No. 0990–0220— (2) the accuracy of the estimated Extension—OS—Office of Grants and DEPARTMENT OF HEALTH AND burden; (3) ways to enhance the quality, Acquisition Policy and Accountability. HUMAN SERVICES utility, and clarity of the information to Abstract: To comply with E.O. 12862 be collected; and (4) the use of and 5 U.S.C. 305, the Department of [Document Identifier: OS–0990–0220; 30- automated collection techniques or day notice] Health and Human Services plans to other forms of information technology to continue surveying its grant recipients Agency Information Collection minimize the information collection and contractors over a three year period Request; 30-Day Public Comment burden. to compile and evaluate their opinions Request To obtain copies of the supporting about the Department’s grants and statement and any related forms for the acquisition processes, ultimately to AGENCY: Office of the Secretary, HHS. proposed paperwork collections improve our business processes. The In compliance with the requirement referenced above, e-mail your request, survey is voluntary. This is an of section 3506(c)(2)(A) of the including your address, phone number, extension, without change, of a Paperwork Reduction Act of 1995, the OMB number, and OS document currently approved collection. The Office of the Secretary (OS), Department identifier, to respondents are vendors and grant of Health and Human Services, is [email protected], or call recipients. The purpose of the publishing the following summary of a the Reports Clearance Office on (202) information collection is for program proposed collection for public 690–5683. Send written comments and evaluation and program planning or comment. Interested persons are invited recommendations for the proposed management. to send comments regarding this burden information collections within 30 days

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ESTIMATED ANNUALIZED BURDEN TABLE

Average Number of Number of burden (in Total burden Type of respondent respondents responses per hours) per hours respondent response

Vendors ...... 1,000 1 12/60 200 Grant Recipients ...... 1,667 1 10/60 279

Total ...... 479

Seleda Perryman, estimated burden; (3) ways to enhance 1: Health Care, objective 1.3: Improve Office of the Secretary, Paperwork Reduction the quality, utility, and clarity of the health care quality, safety, cost, and Act Reports Clearance Officer. information to be collected; and (4) the value. Each Regional Center is required [FR Doc. 2010–15805 Filed 6–29–10; 8:45 am] use of automated collection techniques to plan and implement the outreach, BILLING CODE 4150–24–P or other forms of information education and technical assistance technology to minimize the information necessary to meet the objective of collection burden. assisting providers in its geographic DEPARTMENT OF HEALTH AND To obtain copies of the supporting service area to achieve meaningful use HUMAN SERVICES statement and any related forms for the of electronic health records (EHR). Each [Document Identifier: OS–0990–New] proposed paperwork collections Center is required to report data on a referenced above, e-mail your request, monthly basis, throughout the 24-month Agency Information Collection including your address, phone number, duration of the first project period, OMB number, and OS document Request; 60-Day Public Comment including the number of providers identifier, to Request registered via signed agreements with [email protected], or call the REC, the number of providers who AGENCY: Office of the Secretary, HHS. the Reports Clearance Office on (202) have purchased and are using an ONC- In compliance with the requirement 690–6162. Written comments and of section 3506(c)(2)(A) of the recommendations for the proposed certified HER, with e-prescribing and Paperwork Reduction Act of 1995, the information collections must be directed quality reporting functionalities, and the Office of the Secretary (OS), Department to the OS Paperwork Clearance Officer number of providers who have become of Health and Human Services, is at the above e-mail address within 60 meaningful users of EHR, in a publishing the following summary of a days. certification process determined by the proposed information collection request Proposed Project: Regional Extension Center for Medicaid and Medicare for public comment. Interested persons Center (REC) Cooperative Agreement Services (CMS). The tool provides a data are invited to send comments regarding Program OMB No. 0990–NEW—Office hub and central location for program this burden estimate or any other aspect of the National Coordinator for Health participants to collect this data. of this collection of information, Information Technology. Additionally, it allows for the synergy of including any of the following subjects: Abstract: The REC Cooperative grantee business processes and (1) The necessity and utility of the Agreement program has been targeted as technology to increase transparency, proposed information collection for the the Department of Health and Human portability, and accuracy of ONC- proper performance of the agency’s Services’ (HHS) high priority programs monthly and ARRA-quarterly reporting functions; (2) the accuracy of the and is supportive of HHS Strategic Goal requirements.

ESTIMATED ANNUALIZED BURDEN TABLE

Number of Number of Average Total burden Forms (if necessary) Type of respondent responses per urden hours respondents respondent per response hours

CRM Tool ...... Regional Extension Center ...... 60 12 1.5 1,080

Seleda Perryman, DEPARTMENT OF HEALTH AND publishing the following summary of a Office of the Secretary, Paperwork Reduction HUMAN SERVICES proposed collection for public Act Clearance Officer. comment. Interested persons are invited [Document Identifier OS–0990–New; 30-day [FR Doc. 2010–15802 Filed 6–29–10; 8:45 am] notice] to send comments regarding this burden BILLING CODE 4150–45–P estimate or any other aspect of this Agency Information Collection collection of information, including any Request; 30-Day Public Comment of the following subjects: (1) The Request necessity and utility of the proposed information collection for the proper AGENCY: Office of the Secretary, HHS. performance of the agency’s functions; In compliance with the requirement (2) the accuracy of the estimated of section 3506(c)(2)(A) of the burden; (3) ways to enhance the quality, Paperwork Reduction Act of 1995, the utility, and clarity of the information to Office of the Secretary (OS), Department be collected; and (4) the use of of Health and Human Services, is automated collection techniques or

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other forms of information technology to and Clinical Health Act (HITECH Act) of • Increase patient and provider minimize the information collection 2009, ONC is proposing to conduct a participation in electronic health burden. nationwide communication campaign to information exchange. To obtain copies of the supporting meet the Congressional mandate to • Educate the public about the uses of statement and any related forms for the educate the public about privacy and personal health information and privacy proposed paperwork collections security of electronically exchanged and security protections available to referenced above, e-mail your request, personal health information. ONC them. including your address, phone number, requires formative and process • Generate participation in HITECH OMB number, and OS document information about different segments of programs (e.g. loans, grants, and identifier, to the public to conduct the campaign contracts). [email protected], or call effectively. Data collection will occur Electronic health information the Reports Clearance Office on (202) continuously through the 24 months of exchange promises an array of potential 690–5683. Send written comments and the campaign. The data will be used to benefits for individuals and the U.S. recommendations for the proposed inform campaign strategies, messages, health care system through improved information collections within 30 days materials and Web sites. health care quality, safety, and of this notice directly to the OS OMB efficiency. At the same time, this Desk Officer; faxed to OMB at 202–395– ONC is collaborating with the HHS environment also poses new challenges 5806. Office of Civil Rights to oversee the and opportunities for protecting health Proposed Project: Comprehensive education and communication information. Health information Communication Campaign for HITECH activities. The purpose of the campaign technology and electronic health Act—OMB No. 0990–NEW—Office is to reach consumers, patients and information exchange may also provide National Coordinator for Health health care providers to: individuals with new, more effective Information Technology (ONC). • Build approval for HIT adoption methods to engage with their health care Abstract: As part of the Health and meaningful use. providers and affect how their health Information Technology for Economic information may be exchanged.

ESTIMATED ANNUALIZED BURDEN HOUR TABLE

Average Number of Number of burden Total burden Form respondents responses per (in hours) hours respondent per response

In-depth interview screening ...... 500 1 10/60 83 In-depth interview main interview ...... 360 1 1 360 Focus group screening ...... 800 1 10/60 133 Focus group main interview ...... 400 1 2 800 Web-based message testing main interview ...... 660 1 1 660 Omnibus survey questions main interview ...... 4,000 1 10/60 667 Card sorting screening ...... 400 1 10/60 67 Card sorting main interview ...... 100 1 1.5 150

Total ...... 2,920

Seleda Perryman, Facility, Los Angeles County, California, on June 13, 2010, members of this class Office of the Secretary, Paperwork Reduction as an addition to the Special Exposure of employees, defined as reported in Act Clearance Officer. Cohort (SEC) under the Energy this notice, became members of the [FR Doc. 2010–15801 Filed 6–29–10; 8:45 am] Employees Occupational Illness Special Exposure Cohort. BILLING CODE 4150–45–P Compensation Program Act of 2000. On May 14, 2010, as provided for under 42 FOR FURTHER INFORMATION CONTACT: U.S.C. 7384q(b), the Secretary of HHS Stuart L. Hinnefeld, Interim Director, DEPARTMENT OF HEALTH AND designated the following class of Division of Compensation Analysis and HUMAN SERVICES employees as an addition to the SEC: Support, National Institute for Occupational Safety and Health Final Effect of Designation of a Class All employees of the Department of Energy, its predecessor agencies, and its contractors (NIOSH), 4676 Columbia Parkway, MS of Employees for Addition to the C–46, Cincinnati, OH 45226, Telephone Special Exposure Cohort and subcontractors who worked at the Canoga Avenue Facility, Los Angeles County, 513–533–6800 (this is not a toll-free AGENCY: National Institute for California, from January 1, 1955 through number). Information requests can also Occupational Safety and Health December 31, 1960 for a number of work be submitted by e-mail to (NIOSH), Department of Health and days aggregating at least 250 work days, [email protected]. occurring either solely under this Human Services (HHS). employment or in combination with work John Howard, ACTION: Notice. days within the parameters established for Director, National Institute for Occupational one or more other classes of employees in the Safety and Health. SUMMARY: The Department of Health and Special Exposure Cohort. Human Services (HHS) gives notice [FR Doc. 2010–15930 Filed 6–29–10; 8:45 am] concerning the final effect of the HHS This designation became effective on BILLING CODE 4163–19–P decision to designate a class of June 13, 2010, as provided for under 42 employees at the Canoga Avenue U.S.C. 7384l(14)(C). Hence, beginning

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DEPARTMENT OF HEALTH AND the ‘‘Secretary’s Advisory Committee’’ additional space for the meeting HUMAN SERVICES Web page of the Healthy People Web becomes available. site at: http://www.healthypeople.gov/ Registration questions may be Announcement of Meeting of the hp2020/advisory/default.asp. directed to Hilary Scherer at Secretary’s Advisory Committee on [email protected] (e-mail), (301) 634– FOR FURTHER INFORMATION CONTACT: National Health Promotion and Disease 9374 (phone) or (301) 634–9301 (fax). Prevention Objectives for 2020 Emmeline Ochiai, Designated Federal Officer, Secretary’s Advisory Committee Dated: June 25, 2010. AGENCY: Department of Health and on National Health Promotion and Penelope Slade-Sawyer, Human Services, Office of the Secretary, Disease Prevention Objectives for 2020, Deputy Assistant Secretary for Health, Office of Public Health and Science, U.S. Department of Health and Human (Disease Prevention and Health Promotion). Office of Disease Prevention and Health Services, Office of Public Health and [FR Doc. 2010–15929 Filed 6–29–10; 8:45 am] Promotion. Science, Office of Disease Prevention BILLING CODE 4150–32–P ACTION: Notice of meeting. and Health Promotion, 1101 Wootton Parkway, Room LL–100, Rockville, MD Authority: 42 U.S.C. 217a, Section 222 of 20852, (240) 453–8259 (telephone), DEPARTMENT OF HEALTH AND the Public Health Service Act, as amended. (240) 453–8281 (fax). Additional HUMAN SERVICES The Committee is governed by the provision information is available on the Internet of Public Law 92—463, as amended (5 U.S.C. at http://www.healthypeople.gov. Secretary’s Advisory Committee on Appendix 2), which sets forth standards for Human Research Protections the formation and use of advisory SUPPLEMENTARY INFORMATION: committees. Purpose of Meeting: Every 10 years, AGENCY: Department of Health and Human Services, Office of the Secretary, SUMMARY: The U.S. Department of through the Healthy People initiative, Office of Public Health and Science. Health and Human Services (HHS) HHS leverages scientific insights and announces the next federal advisory lessons from the past decade, along with ACTION: Notice. the new knowledge of current data, committee meeting regarding the SUMMARY: Pursuant to Section 10(a) of trends, and innovations to develop the national health promotion and disease the Federal Advisory Committee Act, next iteration of national health prevention objectives for 2020. This U.S.C. Appendix 2, notice is hereby promotion and disease prevention meeting will be open to the public and given that the Secretary’s Advisory objectives. Healthy People provides will be held online via WebEx software. Committee on Human Research science-based, 10-year national The Secretary’s Advisory Committee on Protections (SACHRP) will hold its objectives for promoting health and National Health Promotion and Disease twenty-third meeting. The meeting will preventing disease. Since 1979, Healthy Prevention Objectives for 2020 will be open to the public. Information about People has set and monitored national address efforts to develop the nation’s SACHRP and the meeting agenda will health objectives to meet a broad range health promotion and disease be posted on the SACHRP Web site at: of health needs, encourage prevention objectives and strategies to http://www.hhs.gov/ohrp/sachrp/ collaborations across sectors, guide improve the health status and reduce index.html. health risks for Americans by the year individuals toward making informed 2020. The Committee will provide to the health decisions, and measure the DATES: The meeting will be held on Secretary of Health and Human Services impact of our prevention and health Tuesday, July 20, 2010 from 8:30 a.m. advice and consultation for developing promotion activities. Healthy People until 5:15 p.m. and Wednesday, July 21, and implementing the next iteration of 2020 will reflect assessments of major 2010 from 8:30 a.m. until 5:15 p.m. national health promotion and disease risks to health and wellness, changing ADDRESSES: The Sheraton National prevention goals and objectives and public health priorities, and emerging Hotel, 900 South Orme Street, provide recommendations for initiatives issues related to our nation’s health Arlington, Virginia 22204. Phone: 703– to occur during the initial preparedness and prevention. 521–1900. implementation phase of the goals and Public Participation at Meeting: FOR FUTHER INFORMATION CONTACT: Jerry objectives. The meeting’s agenda will Members of the public are invited to Menikoff, M.D., J.D., Director, Office for include the Committee’s review of the listen to the online Committee meeting. Human Research Protections (OHRP), or work and recommendations of its There will be no opportunity for oral Julia Gorey, J.D., Executive Director, subcommittees on Priorities, Social public comments during the online SACHRP; U.S. Department of Health Determinants of Health, and Action Committee meeting. Written comments, and Human Services, 1101 Wootton Steps and Evidence. HHS will use the however, can be submitted through the Parkway, Suite 200, Rockville, recommendations to inform the Healthy People Web site at: http:// Maryland 20852; 240–453–8141; fax: development and implementation of www.healthypeople.gov/hp2020/ 240–453–6909; e-mail address: Healthy People 2020—health objectives comments/ or they can be e-mailed to [email protected]. for the next decade. The intent is to [email protected]. SUPPLEMENTARY INFORMATION: Under the develop and launch objectives designed To listen to the Committee meeting, authority of 42 U.S.C. 217a, Section 222 to improve the health status and reduce individuals must pre-register to attend of the Public Health Service Act, as health risks for Americans by the year at the Healthy People Web site located amended, SACHRP was established to 2020. at http://www.healthypeople.gov. provide expert advice and DATES: The Committee will meet on July Participation in the meeting is limited. recommendations to the Secretary of 26, 2010 from 12 p.m. to 3 p.m. Eastern Registrations will be accepted until Health and Human Services and the Daylight Time (EDT). maximum WebEx capacity is reached Assistant Secretary for Health on issues ADDRESSES: The meeting will be held and must be completed by 9 a.m. EDT and topics pertaining to or associated online, via WebEx software. For detailed on July 26, 2010. A waiting list will be with the protection of human research instructions about how to make sure maintained should registrations exceed subjects. that your windows computer and WebEx capacity. Individuals on the On July 20, 2010, the SACHRP browser is set up for WebEx, please visit waiting list will be contacted as Subpart A Subcommittee (SAS) will

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make a report focusing on informed Dated: June 23, 2010. Secretary and HHS, to other Federal consent and future use of specimens or Jerry Menikoff, agencies in matters related to health data. SAS is charged with developing Director, Office for Human Research reform; and (3) coordinating with HHS’ recommendations for consideration by Protections, Executive Secretary, Secretary’s Operating and Staff Divisions, as well as SACHRP about the application of Advisory Committee on Human Research other Federal agencies, in developing subpart A of 45 CFR part 46 in the Protections. and implementing a comprehensive current research environment. This [FR Doc. 2010–15807 Filed 6–29–10; 8:45 am] health reform plan. BILLING CODE 4150–36–P subcommittee was established by IV. Under Part A, establish a new SACHRP at its October 2006 meeting. Chapter AW, ‘‘Center for Faith-Based Following the SAS report and lunch, DEPARTMENT OF HEALTH AND and Neighborhood Partnerships’’ to read there will be a panel of speakers HUMAN SERVICES as follows: discussing the emergence of ethics Chapter AW, Center for Faith-Based and consultations services, and whether Office of the Secretary such ethical discussions should occur Neighborhood Partnerships. more appropriately within the domain Center for Faith-Based and AW.00 Mission of the IRB. July 20 will conclude with Neighborhood Partnerships; Office of AW.10 Organization time devoted to a discussion of future Health Reform Statement of AW.20 Functions directions for SAS. Organization, Functions, and Delegations of Authority On July 21, 2010, the morning will AW.00 Mission. The Center for Faith- begin with a panel discussing regulatory Part A, Office of the Secretary, Based and Neighborhood Partnerships challenges that are posed by the Statement of Organization, Functions, (CFBNP) coordinates the Department of increasing use of the internet and and Delegations of Authority for the Health and Human Services’ (HHS’) electronic media in human subjects Department of Health and Human efforts to support partnerships between research. After lunch, a panel will focus Services (HHS), as last amended at 75 HHS and faith and community-based on the genetic research involving FR 20364–5, dated April 19, 2010, and nonprofit organizations in health care and human services sectors in order to members of the Havasupai Indian tribe, Chapter AA, Immediate Office of the better serve people and communities. which was the focus of a recently settled Secretary, as last amended at 75 FR lawsuit brought by the Havasupai 20364–5, dated April 19, 2010, are being AW.10 Organization. CFBNP is Indian tribe against the Arizona State amended to establish two new chapters, headed by a Director, appointed by the Chapter AAE, ‘‘Office of Health Reform University, and the implications this Secretary in consultation with the White (AAE),’’ and Chapter AW, ‘‘Center for research and the related legal settlement House Office of Faith-Based and Faith-Based and Neighborhood present for informed consent and Neighborhood Partnerships, who reports Partnerships,’’ in the Office of the to the Secretary and who serves as the biospecimen research. The day will Secretary. The changes are as follows: conclude with a report from the Secretary’s principal advisor on HHS’ I. Under Part A, Chapter AA, Section Subcommittee on Harmonization (SOH). activities relating to faith-based and AA.10 Organization, after ‘‘The The SOH was established by SACHRP at neighborhood partnership activities. Secretary (AA),’’ insert the following: its July 2009 meeting, and is charged ‘‘Office of Health Reform (AAE).’’ AW.20 Functions. CFBNP engages and with identifying and prioritizing areas II. Under Part A, Chapter AA, Section communicates with the grassroots, in which regulations and/or guidelines AA.10 Organization, insert the ensuring that local institutions that hold for human subjects research adopted by following: ‘‘Center for Faith-Based and community trust have up-to-date various agencies or offices within HHS Neighborhood Partnerships (AW).’’ information regarding health and would benefit from harmonization, III. Under chapter AA, establish a new human service activities and resources consistency, clarity, simplification and/ chapter AAE, ‘‘Office of Health Reform,’’ in their area. CFBNP also works to or coordination. Public comment will be to read as follows: enable community and faith-based heard on both days. Chapter AAE, Office of Health Reform organizations to partner with the government through both non-fiduciary Public attendance at the meeting is AAE.00 Mission and fiduciary partnerships to achieve limited to space available. Individuals AAE.10 Organization both HHS’ and the President’s goals for who plan to attend the meeting and AAE.20 Functions the Faith-based and Neighborhood need special assistance, such as sign AAE.00 Mission. The Office of Health Partnership Initiative, which include: language interpretation or other Reform shall direct and coordinate the strengthening the role of community reasonable accommodations, should Department of Health and Human organizations in the economic recovery notify the designated contact persons. Services’ (HHS’) efforts to implement the health reform legislation and reform and poverty reduction; reducing Members of the public will have the unintended pregnancies and supporting opportunity to provide comments on the health care system. AAE.10 Organization. The Office of maternal and child health; promoting both days of the meeting. Public Health Reform is headed by a Director responsible fatherhood and healthy comment will be limited to five minutes who reports to the Secretary and who families; and fostering interfaith per speaker. Any members of the public serves as the Secretary’s principal dialogue and collaboration with leaders who wish to have printed materials advisor on HHS’ activities relating to and scholars around the world and at distributed to SACHRP members for this health reform implementation. home. scheduled meeting should submit AAE.20 Functions. The Office of Dated: June 22, 2010. materials to the Executive Director, Health Reform’s responsibilities SACHRP, prior to the close of business include: (1) Coordinating and liaising E.J. Holland, Jr., Friday, July 16, 2010. with the White House on health reform Assistant Secretary for Administration. implementation matters; (2) serving as a [FR Doc. 2010–15858 Filed 6–29–10; 8:45 am] representative, on behalf of the BILLING CODE 4150–24–P

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DEPARTMENT OF HEALTH AND OMB No.: 0970–0323. of errors occurring in the administration HUMAN SERVICES Description: The Improper Payments of Child Care Development Fund Information Act of 2002 requires (CCDF) grant funds once every three Administration for Children and Federal agencies to annually report error years. The information collected will be Families rate measures. Section 2 of the Improper used to prepare the annual Agency Payments Information Act provides for Financial Report (AFR) and will provide Submission for OMB review; Comment information necessary to offer technical Request estimates and reports of improper payments by Federal agencies. Subpart assistance to grantees. Title: Child Care Development Fund K of 45 CFR, Part 98 requires Respondents: State Grantees, the (CCDF)—Reporting Improper Payments. preparation and submission of a report District of Columbia, and Puerto Rico.

ANNUAL BURDEN ESTIMATES

Number of Average Instrument Number of reponses per burden hours Total burden responses respondent per response hours

Record Review Worksheet ...... 17 276.38 15.43 72,497.24 Data Entry Form ...... 17 276.38 0.18 845.72 State Improper ...... 17 1 639 10.863

Estimated Total Annual Burden DEPARTMENT OF HEALTH AND Proposed Project: Performance Report Hours: 84,205.96. HUMAN SERVICES for Grants and Cooperative Agreements (OMB No. 0915–0061)—Revision Additional Information Health Resources and Services Administration The HRSA Bureau of Health Copies of the proposed collection may Professions (BHPr) Performance Report be obtained by writing to the Agency Information Collection for Grants and Cooperative Agreements Administration for Children and Activities: Two-Year Extension of an is used to report grantee activities for Families, Office of Administration, Existing Information Collection; Title VII and VIII health professions and Office of Information Services, 370 Proposed Collection: Comment nursing education and training L’Enfant Promenade, SW., Washington, Request programs. The reporting system DC 20447, Attn: ACF Reports Clearance In compliance with the requirement measures the grantee’s success in Officer. All requests should be for opportunity for public comment on meeting (1) the objectives of the grant identified by the title of the information proposed data collection projects project, and (2) the cross-cutting collection. E-mail address: (section 3506(c)(2)(A) of Title 44, United outcomes developed for the Bureau of [email protected]. States Code, as amended by the Health Professions’ Title VII and VIII OMB Comment: OMB is required to Paperwork Reduction Act of 1995, Pub. health professions and nursing make a decision concerning the L. 104–13), the Health Resources and education and training programs. The collection of information between 30 Services Administration (HRSA) reporting system has two parts: Part I of and 60 days after publication of this publishes periodic summaries of the performance report is designed to document in the Federal Register. proposed projects being developed for collect information on activities specific Therefore, a comment is best assured of submission to the Office of Management to a given program and Part II, the core having its full effect if OMB receives it and Budget (OMB) under the Paperwork performance measures, collects data on within 30 days of publication. Written Reduction Act of 1995. To request more overall project performance related to comments and recommendations for the information on the proposed project or the Bureau’s strategic goals, objectives, outcomes, and indicators. Progress will proposed information collection should to obtain a copy of the data collection plans and draft instruments, e-mail be measured based on the objectives of be sent directly to the following: [email protected] or call the HRSA the grant project, and outcome measures Office of Management and Budget, Reports Clearance Officer at (301) 443– and indicators developed by the Bureau Paperwork Reduction Project, Fax: 1129. to meet requirements of the Government 202–395–7285, Attn: Desk Officer for Comments are invited on: (a) The Performance and Results Act (GPRA). proposed collection of information for the Administration for Children and The Bureau will be making minor the proper performance of the functions Families. changes to the previously approved of the agency; (b) the accuracy of the information collection request. First, a Dated: June 17, 2010. agency’s estimate of the burden of the Robert Sargis, proposed collection of information; (c) couple of tables in Parts I and II have been simplified to eliminate collecting Reports Clearance Officer. ways to enhance the quality, utility, and clarity of the information to be multiple race combinations for two or [FR Doc. 2010–15619 Filed 6–29–10; 8:45 am] more races. And second, a new measure BILLING CODE 4184–01–M collected; and (d) ways to minimize the burden of the collection of information will be added to collect outcome data on on respondents, including through the the State Primary Care Offices (PCOs) use of automated collection techniques program. or other forms of information The estimated annual burden is as technology. follows:

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Responses Report Number of per Total Hours per Total burden respondents respondent responses response hours

BHPr Performance Report ...... 1,000 1 1,000 24 24,000

Total ...... 1,000 ...... 1,000 ...... 24,000

E-mail comments to Title: Order/Notice to Withold Income 1, 1994. The form promotes [email protected] or mail the HRSA for Child Support. standardization and is used for title IV– Reports Clearance Officer, Room 10–33, OMB No.: 0970–0154. D and non-IV–D cases that require Parklawn Building, 5600 Fishers Lane, Description: The Social Security Act income withholding. Rockville, MD 20857. Written comments requires that child support agencies, The Income Withholding for Support should be received within 60 days of courts, tribes, private attorneys and all has been modified to address items this notice. other entities use the OMB approved identified by states and employers/ Dated: June 24, 2010. federal Income Withholding for Support income withholders. The shading on the Sahira Rafiullah, when ordering or sending notice to form was removed because it obscures Director, Division of Policy and Information employers/income withholders of the information when the form is faxed or Coordination. requirement to withhold income for scanned to an employer/income [FR Doc. 2010–15830 Filed 6–29–10; 8:45 am] child support. 42 U.S.C. 666(b)(6)(i) and withholder. Also, a check box has been BILLING CODE 4165–15–P (ii) requires the use of the Income added to allow employers/income Withholding for Support form in all withholders to return the Income cases enforced by child support Withholding for Support form if DEPARTMENT OF HEALTH AND agencies where payment is made by payments are not directed through the HUMAN SERVICES income withholding, whether the case is State Disbursement Unit (SDU) as processed administratively or through Administration for Children and the court. 42 U.S.C. 666(a)(8)(B)(iii) required by federal and state laws. With Families provides that the requirements of the addition of a mechanism to return section 666(b)(6) are applicable to cases Income Withholding for Support forms, Proposed Information Collection payment instructions that conflict with Activity; Comment Request not being enforced by the state child support agency or private cases with federal and state laws will be addressed. Proposed Projects: initial orders issued on or after January Respondents: Not applicable.

ANNUAL BURDEN ESTIMATES

Number of Number of responses Average Total burden Instrument respondents per burden hours hours respondent per response

Estimated Total Annual Burden functions of the agency, including DEPARTMENT OF HEALTH AND Hours: 0. whether the information shall have HUMAN SERVICES In compliance with the requirements practical utility; (b) the accuracy of the of Section 506(c)(2)(A) of the Paperwork agency’s estimate of the burden of the Food and Drug Administration Reduction Act of 1995, the proposed collection of information; (c) Administration for Children and the quality, utility, and clarity of the [Docket No. FDA–2010–N–0117] Families is soliciting public comment information to be collected; and (d) on the specific aspects of the ways to minimize the burden of the Agency Information Collection information collection described above. collection of information on Activities; Submission for Office of Management and Budget Review; Copies of the proposed collection of respondents, including through the use Comment Request; Guidance for information can be obtained and of automated collection techniques or Industry Entitled Hypertension comments may be forwarded by writing other forms of information technology. to the Administration for Children and Indication: Drug Labeling for Consideration will be given to Cardiovascular Outcome Claims Families, Office of Administration, comments and suggestions submitted Office of Information Services, 370 within 60 days of this publication. L’Enfant Promenade, SW., Washington, AGENCY: Food and Drug Administration, DC 20447, Attn: ACF Reports Clearance Dated: June 24, 2010. HHS. Officer. E-mail address: Robert Sargis, ACTION: Notice. [email protected]. All requests Reports Clearance Officer. should be identified by the title of the [FR Doc. 2010–15798 Filed 6–29–10; 8:45 am] SUMMARY: The Food and Drug information collection. BILLING CODE 4184–01–P Administration (FDA) is announcing The Department specifically requests that a proposed collection of comments on: (a) Whether the proposed information has been submitted to the collection of information is necessary Office of Management and Budget for the proper performance of the (OMB) for review and clearance under

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the Paperwork Reduction Act of 1995 submit labeling supplements containing approved by OMB under OMB Control (the PRA). the new language. Number 0910–0572. DATES: Fax written comments on the In the Federal Register of March 13, (2) Section VI.B of the guidance collection of information by July 30, 2008 (73 FR 13546), FDA published the requests that the format of 2010. draft guidance entitled ‘‘Hypertension cardiovascular outcome claim prior Indication: Drug Labeling for approval supplements submitted to FDA ADDRESSES: To ensure that comments on Cardiovascular Outcome Claims.’’ The under the guidance should include the the information collection are received, draft guidance contained no information following information: OMB recommends that written collection subject to OMB review under 1. A statement that the submission is comments be faxed to the Office of the PRA. The final guidance, however, a cardiovascular outcome claim Information and Regulatory Affairs, contains two new provisions that are supplement, with reference to the OMB, Attn: FDA Desk Officer, FAX: subject to OMB review and approval guidance and related Docket No. FDA– 202–395–7285, or e-mailed to under the PRA, and one new provision 2008–D–0150 [email protected]. All that would be exempt from OMB 2. Applicable FDA forms (e.g., 356h, comments should be identified with the review. Under the PRA, FDA must first 3397) OMB control number 0910-new and title obtain OMB approval for this 3. Detailed Table of Contents Guidance for Industry entitled information collection before we may 4. Revised labeling: ‘‘Hypertension Indication: Drug Labeling issue the final guidance. a. Include draft revised labeling for Cardiovascular Outcome Claims.’’ (1) Section IV.C of the guidance conforming to the requirements in Also include the FDA docket number requests that the CLINICAL STUDIES §§ 201.56 and 201.57 found in brackets in the heading of this section of the Full Prescribing b. Include marked-up copy of the document. Information of the labeling should latest approved labeling, showing all FOR FURTHER INFORMATION CONTACT: include a summary of placebo- or additions and deletions, with Elizabeth Berbakos, Office of active-controlled trials showing annotations of where supporting data (if Information Management, Food and evidence of the specific drug’s applicable) are located in the Drug Administration, 1350 Piccard Dr., effectiveness in lowering blood submission FDA estimates that approximately 70 PI50–400B, Rockville, MD 20850, 301– pressure. If trials demonstrating cardiovascular outcome claim 796–3792, cardiovascular outcome benefits exist, supplements will be submitted annually [email protected]. those trials also should be summarized in this section. Table 1 in section V of from approximately 30 different SUPPLEMENTARY INFORMATION: In the guidance contains the specific drugs companies, and that each supplement compliance with 44 U.S.C. 3507, FDA for which FDA has concluded that such will take approximately 4 hours to has submitted the following proposed trials exist. If there are no prepare and submit. The guidance also collection of information to OMB for cardiovascular outcome data to cite, one recommends that other labeling changes review and clearance. of the following two paragraphs should (e.g., the addition of adverse event data) Guidance for Industry entitled appear: should be minimized and provided in ‘‘Hypertension Indication: Drug ‘‘There are no trials of [DRUGNAME] separate supplements, and that the Labeling for Cardiovascular Outcome or members of the [name of revision of labeling to conform to Claims’’—21 CFR 201.56 and 201.57 pharmacologic class] pharmacologic §§ 201.56 and 201.57 may require (OMB Control Number 0910–New) class demonstrating reductions in substantial revision to the ADVERSE cardiovascular risk in patients with REACTIONS or other labeling sections. This guidance is intended to assist hypertension,’’ or ‘‘There are no trials of (3) Section VI.C of the guidance states applicants in developing labeling for [DRUGNAME] demonstrating that applicants are encouraged to outcome claims for drugs that are reductions in cardiovascular risk in include the following statement in indicated to treat hypertension. With patients with hypertension, but at least promotional materials for the drug. few exceptions, current labeling for one pharmacologically similar drug has ‘‘[DRUGNAME] reduces blood antihypertensive drugs includes only demonstrated such benefits.’’ pressure, which reduces the risk of fatal the information that these drugs are In the latter case, the applicant’s and nonfatal cardiovascular events, indicated to reduce blood pressure; the submission generally should refer to primarily strokes and myocardial labeling does not include information table 1 in section V of the guidance. If infarctions. Control of high blood on the clinical benefits related to the applicant believes that table 1 is pressure should be part of cardiovascular outcomes expected from incomplete, it should submit the comprehensive cardiovascular risk such blood pressure reduction. clinical evidence for the additional management, including, as appropriate, However, blood pressure control is well information to Docket No. FDA–2008– lipid control, diabetes management, established as beneficial in preventing D–0150. The labeling submission antithrombotic therapy, smoking serious cardiovascular events, and should reference the submission to the cessation, exercise, and limited sodium inadequate treatment of hypertension is docket. FDA estimates that no more intake. Many patients will require more acknowledged as a significant public than one submission to the docket will than one drug to achieve blood pressure health problem. FDA believes that the be made annually from one company, goals.’’ appropriate use of these drugs can be and that each submission will take The inclusion of this statement in the encouraged by making the connection approximately 10 hours to prepare and promotional materials for the drug between lower blood pressure and submit. Concerning the would be exempt from OMB review improved cardiovascular outcomes recommendations for the CLINICAL based on 5 CFR 1320.3(c)(2), which more explicit in labeling. The intent of STUDIES section of the Full Prescribing states that ‘‘The public disclosure of the guidance is to provide common Information of the labeling, FDA information originally supplied by the labeling for antihypertensive drugs regulations at §§ 201.56 and 201.57 (21 Federal government to the recipient for except where differences are clearly CFR 201.56 and 201.57) require such the purpose of disclosure to the public supported by clinical data. The labeling, and the information collection is not included * * *’’ within the guidance encourages applicants to associated with these regulations is definition of ‘‘collection of information.’’

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In the Federal Register of March 22, comment on the proposed collection of FDA estimates the burden of this 2010, (75 FR 13547), FDA published a information. No comments were collection of information as follows: 60-day notice requesting public received on the information collection.

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

No. of No. of Responses Total Annual Hours per Respondents per Respondent Responses Response Total Hours

Submission to Docket No. FDA– 2008–D–0150 1 1 1 10 10

Cardiovascular Outcome Claim Supplement Submission 30 2.33 70 4 280

Total 290 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: June 24, 2010. (Catalogue of Federal Domestic Assistance Place: National Institutes of Health, Leslie Kux, Program Nos. 93.271, Alcohol Research Neuroscience Center, 6001 Executive Acting Assistant Commissioner for Policy. Career Development Awards for Scientists Boulevard, Rockville, MD 20852. and Clinicians; 93.272, Alcohol National Contact Person: Richard D. Crosland, [FR Doc. 2010–15859 Filed 6–29–10; 8:45 am] Research Service Awards for Research Ph.D., Scientific Review Administrator, BILLING CODE 4160–01–S Training; 93.273, Alcohol Research Programs; Scientific Review Branch, Division of 93.891, Alcohol Research Center Grants; Extramural Research, NINDS/NIH/DHHS/ 93.701, ARRA Related Biomedical Research Neuroscience Center, 6001 Executive Blvd., DEPARTMENT OF HEALTH AND and Research Support Awards, National Suite 3208, MSC 9529, Bethesda, MD 20892– HUMAN SERVICES Institutes of Health, HHS). 9529, 301–594–0635, [email protected]. (Catalogue of Federal Domestic Assistance Dated: June 17 2010. National Institutes of Health Program Nos. 93.853, Clinical Research Anna P. Snouffer, Related to Neurological Disorders; 93.854, National Institute on Alcohol Abuse Deputy Director, Office of Federal Advisory Biological Basis Research in the and Alcoholism; Notice of Closed Committee Policy. Neurosciences, National Institutes of Health, Meeting [FR Doc. 2010–15610 Filed 6–29–10; 8:45 am] HHS) Pursuant to section 10(d) of the BILLING CODE 4140–01–M Dated: June 24, 2010. Federal Advisory Committee Act, as Anna P. Snouffer, amended (5 U.S.C. App.), notice is Deputy Director, Office of Federal Advisory DEPARTMENT OF HEALTH AND hereby given of the following meeting. Committee Policy. HUMAN SERVICES The meeting will be closed to the [FR Doc. 2010–15899 Filed 6–29–10; 8:45 am] public in accordance with the National Institutes of Health BILLING CODE 4140–01–P provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., National Institute of Neurological as amended. The grant applications and Disorders and Stroke; Notice of Closed DEPARTMENT OF HEALTH AND the discussions could disclose Meeting HUMAN SERVICES confidential trade secrets or commercial Food and Drug Administration property such as patentable material, Pursuant to section 10(d) of the and personal information concerning Federal Advisory Committee Act, as [Docket No. FDA–2010–N–0001] individuals associated with the grant amended (5 U.S.C. App.), notice is applications, the disclosure of which hereby given of the following meeting. Issues in the Design and Conduct of would constitute a clearly unwarranted Clinical Trials for Antibacterial Drug The meeting will be closed to the invasion of personal privacy. Development; Public Workshop public in accordance with the Name of Committee: National Institute on provisions set forth in sections AGENCY: Food and Drug Administration, Alcohol Abuse and Alcoholism Special 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., HHS. Emphasis Panel NIAAA Fellowship & as amended. The grant applications and Training Member Conflict Applications. ACTION: Notice of public workshop. Date: July 8, 2010. the discussions could disclose SUMMARY: Time: 2 p.m. to 4 p.m. confidential trade secrets or commercial The Food and Drug Agenda: To review and evaluate grant property such as patentable material, Administration (FDA) is announcing a applications. and personal information concerning public workshop regarding scientific Place: NIH, 5635 Fishers Lane, Rockville, individuals associated with the grant issues in the design and conduct of MD 20852, (Telephone Conference Call). applications, the disclosure of which clinical trials for antibacterial drug Contact Person: Ranga Srinivas, PhD, would constitute a clearly unwarranted development. The public workshop is Chief, Extramural Project Review Branch, invasion of personal privacy. intended to provide information for and EPRB, NIAAA, National Institutes of Health, gain perspectives from health care Name of Committee: National Institute of 5365 Fishers Lane, Room 2085, Rockville, providers, researchers, academia, MD 20852, (301) 451–2067, Neurological Disorders and Stroke Special [email protected]. Emphasis Panel; SHINE. industry, and regulators on various This notice is being published less than 15 Date: July 15, 2010. aspects of design and conduct of clinical days prior to the meeting due to the urgent Time: 12 p.m. to 2 p.m. trials for antibacterial drugs. The need to meet timing limitations imposed by Agenda: To review and evaluate grant workshop will focus on the design and the intramural research review cycle. applications. conduct of non-inferiority (NI) clinical

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trials, which are often used in the public workshop will help in guidelines to develop or improve their evaluation of the safety and efficacy of developing topics for further discussion. processes for ensuring information a new antibacterial drug. The input from The agency encourages individuals, disseminated by the Components meet this public workshop will help in patient advocates, industry, consumer the quality standards. DHS Components developing topics for further discussion. groups, health care professionals, should implement processes and Date and Time: The public workshop researchers, and other interested mechanisms for receiving, reviewing, will be held on August 2, 2010, from persons to attend this public workshop. and responding to information request 8:30 a.m. to 5:30 p.m. and on August 3, Transcripts: Please be advised that as that are consistent with these 2010, from 8 a.m. to 4 p.m. soon as a transcript is available, it will guidelines. DHS Components with Location: The public workshop will be accessible at http://www. existing directives, instructions, and be held at the Crowne Plaza Hotel, 8777 regulations.gov. It may be viewed at the correction processes for information Georgia Ave., Silver Spring, MD 20910. Division of Dockets Management (HFA– quality may continue to use them, Seating is limited and available only on 305), Food and Drug Administration, provided they are consistent with the a first-come, first-served basis. 5630 Fishers Lane, rm. 1061, Rockville, standards and processes established in Contact Persons: Chris Moser or Lori MD. A transcript will also be available Benner, Center for Drug Evaluation and in either hardcopy or on CD–ROM, after these guidelines. Research, Food and Drug submission of a Freedom of Information The guidelines apply to information Administration, Office of Antimicrobial request. Written requests are to be sent disseminated to the public in any Products, 10903 New Hampshire Ave., to Division of Freedom of Information medium including textual, graphic, Bldg. 22, rm. 6209, Silver Spring, MD (HFI–35), Office of Management narrative, numerical, or audiovisual 20993–0002, 301–796–1300. Programs, Food and Drug forms, including information posted on Registration: Registration is free for Administration, 5600 Fishers Lane, rm. the Internet. The guidelines also apply the public workshop. Interested parties 6–30, Rockville, MD 20857. to DHS Component-sponsored are encouraged to register early because Dated: June 11, 2010. distribution of information—where the space is limited. Seating will be Leslie Kux, DHS Component directs a third party to available on a first-come, first-served Acting Assistant Commissioner for Policy. distribute information or DHS has the basis. To register electronically, e-mail authority to review and approve the registration information (including [FR Doc. 2010–15814 Filed 6–29–10; 8:45 am] BILLING CODE 4160–01–S information before release. If the name, title, firm name, address, Department is to rely on information telephone and fax numbers) to submitted by a third party that [email protected]. Persons information would need to meet without access to the Internet can call DEPARTMENT OF HOMELAND appropriate standards of objectivity and Chris Moser or Lori Benner at 301–796– SECURITY utility. 1300 to register (see Contact Persons). Proposed Information Quality Persons needing a sign language DATES: Comments are encouraged and Guidelines Policy interpreter or other special will be accepted until July 30, 2010. accommodations should notify ACTION: Notice and request for public Comments: Public comments are Christine Moser or Lori Benner at least comment on Proposed Information invited on the information contained in 7 days in advance. Quality Guidelines. the proposed policy. Comments on the SUPPLEMENTARY INFORMATION: FDA is proposed policy should be submitted announcing a public workshop SUMMARY: These guidelines should be electronically to regarding scientific issues in the design used to ensure and maximize the quality [email protected]. and conduct of clinical trials for of disseminated information. The antibacterial drug development. Department’s guidelines are based on Obtaining a Copy of the Policy: To Over the past decade, there have been the guidelines of the Office of obtain a copy of the policy please public discussions on NI clinical trial Management and Budget (OMB), submit a request to design and the types of infectious ‘‘Guidelines for Ensuring and [email protected] disease indications for which the NI Maximizing the Quality, Objectivity, (including your address and telephone clinical trial design is appropriate. This Utility, and Integrity of the Information number). public workshop will provide Disseminated by Federal Agencies’’ 67 information on NI trial design, FR 8452 (Feb. 22, 2002). The guidelines FOR FURTHER INFORMATION CONTACT: approaches to the justification of NI are not intended to be, and should not Department of Homeland Security, margins, and the assessment and timing be construed as, legally binding Information Quality Program of efficacy endpoints. Challenges in the regulations or mandates. These Management Office at 202–447–5959. conduct of clinical trials will be guidelines are intended only to improve Richard A. Spires, discussed, including good clinical the internal management of DHS and, Chief Information Officer. practice and quality system approaches. therefore, are not legally enforceable The workshop will include and do not create any legal rights or [FR Doc. 2010–15926 Filed 6–29–10; 8:45 am] presentations and perspectives from impose any legally binding BILLING CODE 9110–9B–P FDA and from stakeholders involved in requirements or obligations on the clinical research. The public workshop agency or the public. Nothing in these is intended to provide information for guidelines affects any available judicial and gain perspective from health care review of agency action. These providers, researchers, academia, guidelines will serve as the minimum industry, and regulators on various standards for quality within the aspects of the design and conduct of Department. DHS Components may clinical trials for antibacterial drug expand upon these guidelines as development. The input from this necessary, and should use these

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DEPARTMENT OF HOMELAND functions of the agency, including DEPARTMENT OF HOMELAND SECURITY whether the information will have SECURITY practical utility; U.S. Citizenship and Immigration (2) Evaluate the accuracy of the U.S. Citizenship and Immigration Services agencies estimate of the burden of the Services proposed collection of information, Agency Information Collection including the validity of the Agency Information Collection Activities: Form I–360, Extension of an methodology and assumptions used; Activities: Form I–485 and Existing Information Collection; (3) Enhance the quality, utility, and Supplements A and E, Extension of a Comment Request clarity of the information to be Currently Approved Information collected; and Collection; Comment Request ACTION: 60-Day Notice of Information (4) Minimize the burden of the ACTION: 60-Day Notice of Information Collection Under Review: Form I–360, collection of information on those who Petition for Amerasian, Widow, or Collection Under Review: Form I–485 are to respond, including through the and Supplements A and E, Application Special Immigrant. OMB Control No. use of appropriate automated, 1615–0020. to Register Permanent Residence or electronic, mechanical, or other Adjust Status; OMB Control Number The Department of Homeland technological collection techniques or 1615–0023. Security, U.S. Citizenship and other forms of information technology, Immigration Services (USCIS) will be e.g., permitting electronic submission of The Department of Homeland submitting the following information responses. Security, U.S. Citizenship and Immigration Services will be submitting collection request for review and Overview of This Information Collection clearance in accordance with the the following information collection Paperwork Reduction Act of 1995. The (1) Type of Information Collection: request for review and clearance in information collection is published to Extension of a currently approved accordance with the Paperwork obtain comments from the public and information collection. Reduction Act of 1995. The information affected agencies. Comments are (2) Title of the Form/Collection: collection is published to obtain encouraged and will be accepted for Petition for Amerasian, Widow or comments from the public and affected sixty days until August 30, 2010. Special Immigrant. agencies. Comments are encouraged and During this 60-day period USCIS will (3) Agency form number, if any, and will be accepted for 60 days until be evaluating whether to revise the the applicable component of the August 30, 2010. During this 60-day period USCIS will Form I–360. Should USCIS decide to Department of Homeland Security be evaluating whether to revise the revise the Form I–360 it will advise the sponsoring the collection: Form I–360. Form I–485 and Supplements A and E. public when it publishes the 30-day U.S. Citizenship and Immigration Should USCIS decide to revise the Form notice in the Federal Register in Services. I–485 and Supplements A and E it will accordance with the Paperwork (4) Affected public who will be asked advise the public when it publishes the Reduction Act. The public will then or required to respond, as well as brief abstract: Primary: Individuals or 30-day notice in the Federal Register in have 30-days to comment on any accordance with the Paperwork revisions to the Form I–360. Note: households. This information collection is used by several prospective classes of Reduction Act. The public will then USCIS will be submitting an OMB 83– have 30-days to comment on any C, Correction Worksheet to amend the aliens who intend to establish their eligibility to immigrate to the United revisions to the Form I–485 and instructions to the Form I–360 to add Supplements A and E. special immigrant status for certain States. (5) An estimate of the total number of Written comments and suggestions Afghans covered under Public Law 111– respondents and the amount of time regarding items contained in this notice, 8. estimated for an average respondent to and especially with regard to the Written comments and suggestions respond: 8,984 responses at 2 hours per estimated public burden and associated regarding items contained in this notice, response, 6,500 responses at 3 hours per response time should be directed to the and especially with regard to the response, and 4,700 at 2.25 hours per Department of Homeland Security estimated public burden and associated response. (DHS), USCIS, Chief, Regulatory response time should be directed to the (6) An estimate of the total public Products Division, Clearance Office, 111 Department of Homeland Security burden (in hours) associated with the Massachusetts Avenue, NW., (DHS), USCIS, Chief, Regulatory collection: 48,043 annual burden hours. Washington, DC 20529–2210. Products Division, Clearance Office, 111 If you need a copy of the information Comments may also be submitted to Massachusetts Avenue, NW., collection instrument, please visit the DHS via facsimile to 202–272–8352, or Washington, DC 20529–2210. Web site at: http:// via e-mail at [email protected]. When Comments may also be submitted to www.regulations.gov/. submitting comments by e-mail please DHS via facsimile to 202–272–8352, or We may also be contacted at: USCIS, add the OMB Control Number 1615– via e-mail at [email protected]. When Regulatory Products Division, 111 0023 in the subject box. submitting comments by e-mail, please Massachusetts Avenue, NW., Written comments and suggestions add the OMB Control Number 1615– Washington, DC 20529–2210, from the public and affected agencies 0020 in the subject box. Telephone number 202–272–8377. concerning the collection of information Written comments and suggestions should address one or more of the from the public and affected agencies Dated: June 25, 2010. following four points: concerning the proposed collection of Stephen Tarragon, (1) Evaluate whether the proposed information should address one or more Deputy Chief, Regulatory Products Division, collection of information is necessary of the following four points: U.S. Citizenship and Immigration Services, for the proper performance of the (1) Evaluate whether the proposed Department of Homeland Security. functions of the agency, including collection of information is necessary [FR Doc. 2010–15862 Filed 6–29–10; 8:45 am] whether the information will have for the proper performance of the BILLING CODE 9111–97–P practical utility;

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(2) Evaluate the accuracy of the DEPARTMENT OF HOMELAND validity of the methodology and agencies estimate of the burden of the SECURITY assumptions used; proposed collection of information, (3) Enhance the quality, utility, and U.S. Citizenship and Immigration including the validity of the clarity of the information to be Services methodology and assumptions used; collected; and (3) Enhance the quality, utility, and clarity of the information to be Agency Information Collection (4) Minimize the burden of the collected; and Activities: Form I–751, Extension of a collection of information on those who Currently Approved Information (4) Minimize the burden of the are to respond, including through the Collection; Comment Request collection of information on those who use of appropriate automated, electronic, mechanical, or other are to respond, including through the ACTION: 60–Day Notice of Information use of appropriate automated, technological collection techniques, or Collection Under Review: Form I–751, other forms of information technology, electronic, mechanical, or other Petition to Remove Conditions on technological collection techniques or e.g., permitting electronic submission of Residence; OMB Control No. 1615– responses. other forms of information technology, 0038. e.g., permitting electronic submission of Overview of This Information responses. The Department of Homeland Collection Overview of this Information Security, U.S. Citizenship and Collection Immigration Services (USCIS) will be (1) Type of Information Collection: (1) Type of Information Collection: submitting the following information Extension of an existing information Extension of a currently approved collection request for review and collection. information collection. clearance in accordance with the (2) Title of the Form/Collection: (2) Title of the Form/Collection: Paperwork Reduction Act of 1995. The Petition to Remove Conditions on Application to Register Permanent information collection is published to Residence. Residence or Adjust Status. obtain comments from the public and affected agencies. Comments are (3) Agency form number, if any, and (3) Agency form number, if any, and the applicable component of the the applicable component of the encouraged and will be accepted for sixty days until August 30, 2010. Department of Homeland Security Department of Homeland Security sponsoring the collection: Form I–751. During this 60 day period, USCIS will sponsoring the collection: Form I–485, U.S. Citizenship and Immigration be evaluating whether to revise the and Supplements A and E. U.S. Services. Citizenship and Immigration Services. Form I–751. Should USCIS decide to (4) Affected public who will be asked revise Form I–751 we will advise the (4) Affected public who will be asked or required to respond, as well as a brief public when we publish the 30-day or required to respond, as well as a brief abstract: Primary: Individuals or notice in the Federal Register in abstract: Primary: Individuals and Households. The information collected accordance with the Paperwork households. This form is used by USCIS is used to determine eligibility to adjust Reduction Act. The public will then to verify the petitioner’s status and status under section 245 of the have 30 days to comment on any determine whether the conditional Immigration and Nationality Act. revisions to the Form I–751. resident is eligible to have his or her status removed. (5) An estimate of the total number of Written comments and suggestions respondents and the amount of time regarding items contained in this notice, (5) An estimate of the total number of estimated for an average respondent to and especially with regard to the respondents and the amount of time respond: Form I–485—614,921 estimated public burden and associated estimated for an average respondent to responses at 6 hours and 15 minutes response time should be directed to the respond: 118,008 responses at 3 hours (6.25) per response; Supplement A— Department of Homeland Security and 20 minutes (3.333 hours) per 3,888 responses at 13 minutes (.216) per (DHS), USCIS, Chief, Regulatory response. response; Supplement E—31,000 Products Division, Clearance Office, 111 Massachusetts Avenue, NW., (6) An estimate of the total public responses at one hour per response. burden (in hours) associated with the (6) An estimate of the total public Washington, DC 20529–2210. Comments may also be submitted to collection: 393,321 annual burden burden (in hours) associated with the hours. collection: 3,875,095 annual burden DHS via facsimile to 202–272–8352, or hours. via e-mail at [email protected]. When If you need a copy of the information submitting comments by e-mail, please collection instrument, please visit the If you need a copy of the information add the OMB Control Number 1615– Web site at: http:// collection instrument, please visit: 0038 in the subject box. www.regulations.gov/. http://www.regulations.gov/. Written comments and suggestions We may also be contacted at: USCIS, We may also be contacted at: USCIS, from the public and affected agencies Regulatory Products Division, 111 Regulatory Products Division, 111 concerning the proposed collection of Massachusetts Avenue, NW., Massachusetts Avenue, NW., information should address one or more Washington, DC 20529–2210, Washington, DC 20529–2210, telephone of the following four points: number 202–272–8377. Telephone number 202–272–8377. (1) Evaluate whether the collection of Dated: June 24, 2010. information is necessary for the proper Dated: June 24, 2010. Stephen Tarragon, performance of the functions of the Stephen Tarragon, Deputy Chief, Regulatory Products Division, agency, including whether the Deputy Chief, Regulatory Products Division, U.S. Citizenship and Immigration Services, information will have practical utility; U.S. Citizenship and Immigration Services, Department of Homeland Security. (2) Evaluate the accuracy of the Department of Homeland Security. [FR Doc. 2010–15857 Filed 6–29–10; 8:45 am] agency’s estimate of the burden of the [FR Doc. 2010–15855 Filed 6–29–10; 8:45 am] BILLING CODE 9111–97–P collection of information, including the BILLING CODE 9111–97–P

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DEPARTMENT OF HOMELAND performance of the functions of the Dated: June 24, 2010. SECURITY agency, including whether the Stephen Tarragon, information will have practical utility; Deputy Chief, Regulatory Products Division, U.S. Citizenship and Immigration (2) Evaluate the accuracy of the U.S. Citizenship and Immigration Services, Services agencies estimate of the burden of the Department of Homeland Security. Agency Information Collection collection of information, including the [FR Doc. 2010–15864 Filed 6–29–10; 8:45 am] Activities: Form I–129, Revision of an validity of the methodology and BILLING CODE 9111–97–P Existing Information Collection; assumptions used; Comment Request (3) Enhance the quality, utility, and DEPARTMENT OF HOMELAND clarity of the information to be SECURITY ACTION: 30-Day Notice of Information collected; and Collection Under Review: Form I–129, Petition for Nonimmigrant Worker; (4) Minimize the burden of the Federal Emergency Management OMB Control Number 1615–0009. collection of information on those who Agency are to respond, including through the The Department of Homeland use of appropriate automated, [Internal Agency Docket No. FEMA–1915– Security, U.S. Citizenship and electronic, mechanical, or other DR; Docket ID FEMA–2010–0002] Immigration Services (USCIS) will be technological collection techniques or submitting the following information other forms of information technology, South Dakota; Amendment No. 2 to collection request to the Office of e.g., permitting electronic submission of Notice of a Major Disaster Declaration Management and Budget (OMB) for responses. review and clearance in accordance AGENCY: Federal Emergency Overview of This Information with the Paperwork Reduction Act of Management Agency, DHS. 1995. The information collection was Collection ACTION: Notice. previously published in the Federal (1) Type of Information Collection: Register on February 8, 2010 at 75 FR Revision of a currently approved SUMMARY: This notice amends the notice 6212, allowing for a 60-day public information collection. comment period. USCIS received 54 of a major disaster declaration for the comments for this information (2) Title of the Form/Collection: State of South Dakota (FEMA–1915– collection. A discussion of the Petition for Nonimmigrant Worker. DR), dated May 13, 2010, and related comments and USCIS’ responses are (3) Agency form number, if any and determinations. discussed in item 8 of the supporting the applicable component of the statement that can be viewed at: http:// Department of Homeland Security DATES: Effective Date: June 20, 2010. www.regulations.gov. sponsoring the collection: Form I–129. FOR FURTHER INFORMATION CONTACT: The purpose of this notice is to allow U.S. Citizenship and Immigration Peggy Miller, Recovery Directorate, an additional 30 days for public Services. Federal Emergency Management comments. Comments are encouraged (4) Affected public who will be asked Agency, 500 C Street, SW., Washington, and will be accepted until July 30, 2010. or required to respond, as well as brief DC 20472, (202) 646–3886. This process is conducted in accordance abstract: Primary: Businesses. This form with 5 CFR 1320.10. SUPPLEMENTARY INFORMATION: Notice is is used by an employer to petition for Written comments and/or suggestions hereby given that the incident period for aliens to come to the U.S. temporarily regarding the item(s) contained in this this disaster is closed effective June 20, to perform services, labor, and training notice, especially regarding the 2010. or to request extensions of stay or estimated public burden and associated changes in nonimmigrant status for (The following Catalog of Federal Domestic response time, should be directed to the nonimmigrant workers. Assistance Numbers (CFDA) are to be used Department of Homeland Security for reporting and drawing funds: 97.030, (5) An estimate of the total number of (DHS), and to the Office of Management Community Disaster Loans; 97.031, Cora respondents and the amount of time and Budget (OMB) USCIS Desk Officer. Brown Fund; 97.032, Crisis Counseling; Comments may be submitted to: USCIS, estimated for an average respondent to 97.033, Disaster Legal Services; 97.034, Chief, Regulatory Products Division, respond: 364,048 responses at 2.75 Disaster Unemployment Assistance (DUA); Clearance Office, 111 Massachusetts hours per response; and 18,500 97.046, Fire Management Assistance Grant; Avenue, Washington, DC 20529–2210. (Religious Workers) at 3 hours per 97.048, Disaster Housing Assistance to Comments may also be submitted to response. Individuals and Households in Presidentially DHS via facsimile to 202–272–8352 or (6) An estimate of the total public Declared Disaster Areas; 97.049, via e-mail at [email protected], and to the burden (in hours) associated with the Presidentially Declared Disaster Assistance— OMB USCIS Desk Officer via facsimile collection: 1,056,632 annual burden Disaster Housing Operations for Individuals at 202–395–5806 or via e-mail at hours. and Households; 97.050, Presidentially [email protected]. Declared Disaster Assistance to Individuals If you have additional comments, When submitting comments by e-mail and Households—Other Needs; 97.036, suggestions, or need a copy of the please make sure to add OMB Control Disaster Grants—Public Assistance information collection instrument, Number 1615–0009 in the subject box. (Presidentially Declared Disasters); 97.039, Written comments and suggestions from please visit the Web site at: http:// Hazard Mitigation Grant.) the public and affected agencies should www.regulations.gov. address one or more of the following We may also be contacted at: USCIS, W. Craig Fugate, four points: Regulatory Products Division, 111 Administrator, Federal Emergency (1) Evaluate whether the collection of Massachusetts Avenue, NW., Suite Management Agency. information is necessary for the proper 3008, Washington, DC 20529–2210, [FR Doc. 2010–15866 Filed 6–29–10; 8:45 am] telephone number 202–272–8377. BILLING CODE 9111–23–P

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DEPARTMENT OF HOMELAND number for this action. Comments apps.cbp.gov/te_registration/ SECURITY received will be posted without index.asp?w=27 or, alternatively, by alteration at http://www.regulations.gov, contacting Ms. Wanda Tate, Office of U.S. Customs and Border Protection including any personal information Trade Relations, U.S. Customs and provided. Border Protection, Department of [Docket No. USCBP–2010–0022] Docket: For access to the docket to Homeland Security, 1300 Pennsylvania Notice of Meeting of the Advisory read background documents or Avenue, NW., Washington, DC 20229; Committee on Commercial Operations comments received by COAC, go to [email protected]; telephone 202– of Customs and Border Protection http://www.regulations.gov. 344–1440; facsimile 202–325–4290. (COAC) FOR FURTHER INFORMATION CONTACT: Ms. Information on Services for Individuals Wanda Tate, Office of Trade Relations, With Disabilities AGENCY: U.S. Customs and Border U.S. Customs and Border Protection, For information on facilities or Protection, Department of Homeland Department of Homeland Security, 1300 services for individuals with disabilities Security (DHS). Pennsylvania Avenue, NW., Room 5.2– or to request special assistance at the ACTION: Notice of Federal Advisory A, Washington, DC 20229; meeting, contact Ms. Wanda Tate as Committee Meeting. [email protected]; telephone 202– soon as possible. 344–1440; facsimile 202–325–4290. SUMMARY: The Advisory Committee on Dated: June 24, 2010. Commercial Operations of U.S. Customs SUPPLEMENTARY INFORMATION: Pursuant to the Federal Advisory Committee Act Kimberly Marsho, and Border Protection (COAC) will meet Director, Office of Trade Relations, U.S. on Wednesday, August 4, 2010, in (5 U.S.C. App.), DHS hereby announces the meeting of the Advisory Committee Customs and Border Protection. Detroit, Michigan. The meeting will be [FR Doc. 2010–15904 Filed 6–29–10; 8:45 am] open to the public. on Commercial Operations of Customs and Border Protection (COAC). COAC is BILLING CODE 9111–14–P DATES: COAC will meet Wednesday, tasked with providing advice to the August 4, 2010, from 1 p.m.–5 p.m. EST. Secretary of Homeland Security, the Please note that the meeting may close Secretary of the Treasury, and the DEPARTMENT OF HOMELAND early if the committee completes its Commissioner of U.S. Customs and SECURITY business. If you plan on attending, Border Protection (CBP) on matters U.S. Customs and Border Protection please register either online at https:// pertaining to the commercial operations apps.cbp.gov/te_registration/ of CBP and related functions within Quarterly IRS Interest Rates Used in index.asp?w=27, or by e-mail to DHS or the Department of the Treasury. Calculating Interest on Overdue [email protected] by close-of- The sixth meeting of the eleventh Accounts and Refunds on Customs business on July 30, 2010. term of COAC will be held at the date, Duties ADDRESSES: The meeting will be held at time and location specified above. A the The Atheneum Suite Hotel, 1000 tentative agenda for the meeting is set AGENCY: Customs and Border Protection, Brush Avenue, Grand Ballroom, 8th forth below. Department of Homeland Security. floor, Detroit, Michigan 48226, Phone: ACTION: General notice. (313) 962–2323 or (800) 772–2323. The Tentative Agenda SUMMARY: This notice advises the public public is invited to submit comments 1. Trade Facilitation Subcommittee. of the quarterly Internal Revenue and/or written material on any of the 2. Importer Security Filing Service interest rates used to calculate identified agenda items as set forth Subcommittee (‘‘10+2’’). interest on overdue accounts below. Please note that any comments 3. Intellectual Property Rights (underpayments) and refunds or written materials that are mailed Enforcement Subcommittee. (overpayments) of customs duties. For should reach the contact person at the 4. Agriculture Subcommittee. the calendar quarter beginning July 1, address listed below before July 30, 5. Air Cargo Security Subcommittee. 2010, the interest rates for overpayments 2010, so that copies of your submitted 6. Automation Subcommittee. will be 3 percent for corporations and 4 materials can be distributed to 7. Global Supply Chain Security percent for non-corporations, and the committee members prior to the Subcommittee. interest rate for underpayments will be meeting. Comments must be identified 8. Bond Subcommittee. by USCBP–2010–0022 and may be 4 percent. This notice is published for submitted by one of the following Procedural the convenience of the importing public methods: This meeting is open to the public; and Customs and Border Protection • Federal eRulemaking Portal: http:// however, participation in COAC personnel. www.regulations.gov. Follow the deliberations is limited to committee DATES: Effective Date: July 1, 2010. instructions for submitting comments. members, Department of Homeland FOR FURTHER INFORMATION CONTACT: Ron • E-mail: [email protected]. Security officials, and persons invited to Wyman, Revenue Division, Collection Include the docket number in the attend the meeting for special and Refunds Branch, 6650 Telecom subject line of the message. presentations. Please note that the Drive, Suite #100, Indianapolis, Indiana • Fax: 202–325–4290. meeting may close early if all business 46278; telephone (317) 614–4516. • Mail: Ms. Wanda Tate, Office of is finished. SUPPLEMENTARY INFORMATION: Trade Relations, U.S. Customs and All visitors must check-in at The Border Protection, Department of Atheneum Suite Hotel at the Grand Background Homeland Security, 1300 Pennsylvania Ballroom, 8th floor, with CBP officials at Pursuant to 19 U.S.C. 1505 and Avenue, NW., Room 5.2–A, the registration desk. Treasury Decision 85–93, published in Washington, DC 20229. Since seating is limited, all persons the Federal Register on May 29, 1985 Instructions: All submissions received attending this meeting should provide (50 FR 21832), the interest rate paid on must include the words ‘‘Department of notice by close-of-business on July 30, applicable overpayments or Homeland Security’’ and the docket by registering online at https:// underpayments of customs duties must

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be in accordance with the Internal first-month period of the previous the Federal short-term rate (1%) plus Revenue Code rate established under 26 quarter. three percentage points (3%) for a total U.S.C. 6621 and 6622. Section 6621 was In Revenue Ruling 2010–14, the IRS of four percent (4%). These interest amended (at paragraph (a)(1)(B) by the determined the rates of interest for the rates are subject to change for the Internal Revenue Service Restructuring calendar quarter beginning July 1, 2010, calendar quarter beginning October 1, and Reform Act of 1998, Pub. L. 105– and ending on September 30, 2010. The 2010, and ending December 31, 2010. 206, 112 Stat. 685) to provide different interest rate paid to the Treasury for interest rates applicable to underpayments will be the Federal For the convenience of the importing overpayments: one for corporations and short-term rate (1%) plus three public and Customs and Border one for non-corporations. percentage points (3%) for a total of four Protection personnel the following list The interest rates are based on the percent (4%). For corporate of IRS interest rates used, covering the Federal short-term rate and determined overpayments, the rate is the Federal period from before July of 1974 to date, by the Internal Revenue Service (IRS) on short-term rate (1%) plus two to calculate interest on overdue behalf of the Secretary of the Treasury percentage points (2%) for a total of accounts and refunds of customs duties, on a quarterly basis. The rates effective three percent (3%). For overpayments is published in summary format. for a quarter are determined during the made by non-corporations, the rate is

Under- Over- Corporate Overpayments Beginning date Ending date payments payments (Eff. 1–1–99) (percent) (percent) (percent)

070174 063075 6 6 070175 013176 9 9 020176 013178 7 7 020178 013180 6 6 020180 013182 12 12 020182 123182 20 20 010183 063083 16 16 070183 123184 11 11 010185 063085 13 13 070185 123185 11 11 010186 063086 10 10 070186 123186 9 9 010187 093087 9 8 100187 123187 10 9 010188 033188 11 10 040188 093088 10 9 100188 033189 11 10 040189 093089 12 11 100189 033191 11 10 040191 123191 10 9 010192 033192 9 8 040192 093092 8 7 100192 063094 7 6 070194 093094 8 7 100194 033195 9 8 040195 063095 10 9 070195 033196 9 8 040196 063096 8 7 070196 033198 9 8 040198 123198 8 7 010199 033199 7 7 6 040199 033100 8 8 7 040100 033101 9 9 8 040101 063001 8 8 7 070101 123101 7 7 6 010102 123102 6 6 5 010103 093003 5 5 4 100103 033104 4 4 3 040104 063004 5 5 4 070104 093004 4 4 3 100104 033105 5 5 4 040105 093005 6 6 5 100105 063006 7 7 6 070106 123107 8 8 7 010108 033108 7 7 6 040108 063008 6 6 5 070108 093008 5 5 4 100108 123108 6 6 5 010109 033109 5 5 4 040109 093010 4 4 3

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Dated: June 24, 2010. This Notice is soliciting comments DEPARTMENT OF HOUSING AND David V. Aguilar, from members of the public and affected URBAN DEVELOPMENT Acting Commissioner, U.S. Customs and agencies concerning the proposed [Docket No. FR–5383–N–12] Border Protection. collection of information to: (1) Evaluate [FR Doc. 2010–15909 Filed 6–29–10; 8:45 am] whether the proposed collection is Notice of Proposed Information BILLING CODE 9111–14–P necessary for the proper performance of Collection for Public Comment for the the functions of the agency, including Housing Choice Voucher Program; whether the information will have Application, Allowances for Tenant- DEPARTMENT OF HOUSING AND practical utility; (2) Evaluate the Furnished Utilities, Inspections, URBAN DEVELOPMENT accuracy of the agency’s estimate of the Financial Reports, Request for [Docket No. FR–5380–N–26] burden of the proposed collection of Tenancy Approval, Housing Voucher, information; (3) Enhance the quality, Portability Information, Housing Notice of Proposed Information utility, and clarity of the information to Assistance Payments Contracts and Collection: Comment Request; be collected; and (4) Minimize the Tenancy Addenda, Homeownership Minimum Property Standards for burden of the collection of information Obligations, Tenant Information for Multifamily and Care-Type Facilities on those who are to respond; including Owner, Voucher Transfers, the use of appropriate automated Homeownership Contracts of Sale, AGENCY: Office of the Assistant Information for Additional Renewal Secretary for Housing, HUD. collection techniques or other forms of information technology, e.g., permitting Funding, and the Project-Based ACTION: Notice. Voucher Program electronic submission of responses. SUMMARY: The Department of Housing This Notice also lists the following AGENCY: Office of the Assistant and Urban Development (HUD) information: Secretary for Public and Indian developed the Minimum Property Housing, HUD. Title of Proposal: Minimum Property Standards (MPS) program in order to ACTION: Notice. minimize potential losses for single and Standards for Multifamily and Care-type multi-family homes purchased with facilities. SUMMARY: The proposed information insured loans. To achieve this objective, OMB Control Number, if applicable: collection requirement described below the program established a system to 2502–0321. will be submitted to the Office of review, evaluate, and approve Management and Budget (OMB) for Description of the need for the construction materials for use in such review, as required by the Paperwork information and proposed use: The homes to ensure that the homes would Reduction Act. The Department is perform for the life of the loan. The end minimum property standards describe soliciting public comments on the goal of the MPS program is to establish physical standards for housing. They are subject proposal. intended to provide a sound basis for certain minimum standards for DATES: Comments Due Date: August 30, buildings constructed under HUD determining the acceptability of housing 2010. built under the HUD mortgage insurance housing programs. ADDRESSES: Interested persons are DATES: Comments Due Date: August 30, and low-rent public housing programs. invited to submit comments regarding 2010. Agency form numbers, if applicable: this proposal. Comments should refer to ADDRESSES: Interested persons are None. the proposal by name/or OMB Control invited to submit comments regarding Estimation of the total numbers of number and should be sent to: Leroy this proposal. Comments should refer to hours needed to prepare the information McKinney, Jr., Departmental Reports the proposal by name and/or OMB collection including number of Management Officer, QDAM, Control Number and should be sent to: respondents, frequency of response, and Department of Housing and Urban Leroy McKinney Jr., Departmental hours of response: The number of Development, 451 7th Street, SW., Reports Management Officer, QDAM, burden hours is 8400. The number of Room 4178, Washington, DC 20410– 5000; telephone 202–402–5564, (this is Department of Housing and Urban respondents is 1200, the number of Development, 451 7th Street, SW., not a toll-free number) or e-mail Mr. responses is 1200, the frequency of Washington, DC 20410; e-mail McKinney at response is on occasion, and the burden [email protected] or telephone [email protected]. Persons (202) 402–5564 or the number for the hour per response is 10. with hearing or speech impairments Federal Information Relay Service (1– Status of the proposed information may access this number through TTY by 800–877–8339). collection: This is an extension of a calling the toll-free Federal Information FOR FURTHER INFORMATION CONTACT: currently approved collection. Relay Service at 800–877–8339. (Other Program Contact, Elizabeth Cocke, Authority: The Paperwork Reduction Act than the HUD USER information line Office of Manufactured Housing, of 1995, 44 U.S.C., Chapter 35, as amended. and TTY numbers, telephone numbers Department of Housing and Urban are not toll-free). Dated: June 24, 2010. Development, 451 7th Street, SW., FOR FURTHER INFORMATION CONTACT: Washington, DC 20410, telephone (202) Ronald Y. Spraker, Dacia Rogers, Office of Policy, Programs 708–6423 (this is not a toll free number) Associate General Deputy Assistant Secretary and Legislative Initiatives, PIH, for copies of the proposed forms and for Housing. Department of Housing and Urban other available information. [FR Doc. 2010–15873 Filed 6–29–10; 8:45 am] Development, 451 7th Street, SW., SUPPLEMENTARY INFORMATION: The BILLING CODE 4210–67–P Room 4116, Washington, DC 20410; Department is submitting the proposed telephone 202–402–3374, (this is not a information collection to OMB for toll-free number). review, as required by the Paperwork SUPPLEMENTARY INFORMATION: The Reduction Act of 1995 (44 U.S.C. Department will submit the proposed Chapter 35, as amended). information collection to OMB for

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review, as required by the Paperwork complete and submit to the PHA a Dated: June 24, 2010. Reduction Act of 1995 (44 U.S.C. Request for Tenancy Approval when it Merrie Nichols-Dixon, chapter 35, as amended). finds a unit which is suitable for its Acting Deputy Assistant Secretary for Policy, This notice is soliciting comments needs. Initial PHAs will use a Programs, and Legislative Initiatives. from members of the public and affected standardized form to submit portability [FR Doc. 2010–15874 Filed 6–29–10; 8:45 am] agencies concerning the proposed information to the receiving PHA who BILLING CODE 4210–67–P collection of information to: (1) Evaluate will also use the form for monthly whether the proposed collection of portability billing. PHAs and Owners information is necessary for the proper will enter into HAP Contacts each DEPARTMENT OF HOUSING AND performance of the functions of the providing information on rents, URBAN DEVELOPMENT agency, including whether the payments, certifications, notifications, [Docket No. FR–5383–N–11] information will have practical utility; and Owner agreement in a form (2) evaluate the accuracy of the agency’s acceptable to the PHA. A tenancy Proposed Information Collection to estimate of the burden of the proposed addendum is included in the HAP OMB Indian Housing Block Grant collection of information; (3) enhance contract as well as incorporated in the (IHBG) Program (Combined and the quality, utility, and clarity of the lease between the owner and the family. Simplified Indian Housing Plan and information to be collected; and (4) Families that participate in the Annual Performance Reporting minimize the burden of the collection of Homeownership program will execute a Requirements); Withdrawal of Notice information on those who are to statement regarding their respond; including through the use of responsibilities and execute contracts of AGENCY: Office of the Chief Information appropriate automated collection sale including an additional contract of Officer, HUD. techniques or other forms of information sale for new construction units. PHAs ACTION: Notice, withdrawal. technology, e.g., permitting electronic that wish to voluntarily transfer their SUMMARY: The Office of the Chief submissions of responses. HCV programs will notify HUD for Information Officer is announcing the approval and, once approved, all This Notice Also Lists the Following withdrawal of the Indian Housing Block Information affected families and owners of the Grant (IHBG) Program (Combined and Title of Proposal: Housing Choice divested PHA. PHAs participating in the Simplified Indian Housing Plan and Voucher (HCV) Program: Application, Project-Based Voucher program will Annual Performance Reporting Allowances for Tenant-Furnished enter into Agreements with developing Requirements) proposed information Utilities, Inspections, Financial Reports, owners, HAP contacts with the existing collection published on May 21, 2010. and New Construction/Substantial Request for Tenancy Approval, Housing DATES: Rehabilitation owners, Statement of The withdrawal is effective June Voucher, Portability Information, 30, 2010. Housing Assistance Payments (HAP) Family Responsibility with the family and a lease Addendum will be provided FOR FURTHER INFORMATION CONTACT: Contracts, Tenancy Addendum, Dacia Rogers, Office of Policy, Programs Homeownership Obligations, Tenant for execution between the family and the owner. and Legislative Initiatives, PIH, Information for Owner, Voucher Department of Housing and Urban Transfers, Homeownership Contracts of Agency form numbers: HUD–52515, Development, 451 7th Street, SW., Sale, Information Requirements for HUD–52667, HUD–52580, HUD–52580– Room 4116, Washington, DC 20410; Additional Renewal Funding and the A, HUD–52681, HUD–52681–B, HUD– telephone 202–402–3374, (this is not a Project-Based Voucher program. 52672, HUD–52517, HUD–52646, HUD– toll-free number). OMB Control Number: 2577–0169. 52665, HUD–52641, HUD–52641–A, SUPPLEMENTARY INFORMATION: HUD Description of the Need for the HUD 52642, HUD 52642–A, HUD established a working group to Information and Proposed Use: Public 52649, HUD 52531A, 52531B, HUD streamline the Indian Housing Plan Housing Agencies (PHA) will prepare an 52530A, HUD 52530B, HUD 52530C, (IHP) and Annual Performance Report application for funding which specifies HUD 52578B. the number of units requested, as well (APR) to address the amendments as the PHA’s objectives and plans for Members of the Affected Public: State which were made in the NAHASDA administering the HCV program. The and Local Governments, businesses or Reauthorization Act of 2008. The application is reviewed by the HUD other for-profits. objective of the IHP/APR streamlining Field Office and ranked according to the Estimation of the Total Number of was to reduce the reporting burden on PHA’s administrative capability, the Hours Needed to Prepare the tribes and tribally designated housing need for housing assistance, and other Information Collection including the entities. It was HUD’s intention to factors specified in the Notice of Number of Respondents, Frequency of publish the notice to maintain Funding Availability (NOFA). The response, and hours of response: The momentum as we continued with the PHAs must establish a utility allowance Number of respondents (2450 PHAs + negotiated rule making process. At this schedule for all utilities and other 245,000 families + 245,000 tenant-based time, HUD is withdrawing the services. Units must be inspected using owners) = 492,450 total respondents. emergency comment request for the HUD prescribed forms to determine if Hours per response varies for each form Indian Housing Block Grant (IHBG) the units meet the housing quality varies from annually, quarterly and on- Program (Combined and Simplified standards (HQS) of the HCV program. occasion. Total annual burden hours Indian Housing Plan and Annual PHAs are also required to maintain 1,238,448. Performance Reporting Requirements) financial reports in accordance with Notice of Proposed Information accepted accounting standards. The Status of the Proposed Information Collection published on May 21, 2010. PHA is required to submit one financial Collection: Extension of a currently Tribes and tribally designated housing document into an internet-based approved collection. entities should continue to use the Voucher Management System four times Authority: Section 3506 of the Paperwork current versions of the Indian Housing a year. After the family is issued a HCV Reduction Act of 1995, 44 U.S.C. Chapter 35, Plan and Annual Performance Report to search for a unit, the family must as amended. until further notice.

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Title of Proposed Notice: Indian SUPPLEMENTARY INFORMATION: Section program office grouping, the waivers are Housing Block Grant Program 106 of the HUD Reform Act added a listed sequentially by the regulatory (Combined Indian Housing Plan and new section 7(q) to the Department of section of title 24 of the Code of Federal Annual Performance Reporting Housing and Urban Development Act Regulations (CFR) that is being waived. Requirements) . (42 U.S.C. 3535(q)), which provides For example, a waiver of a provision in Description of Information Collection: that: 24 CFR part 58 would be listed before This is a withdrawal of a proposed 1. Any waiver of a regulation must be a waiver of a provision in 24 CFR part information collection. in writing and must specify the grounds 570. Authority: The Paperwork Reduction Act for approving the waiver; Where more than one regulatory of 1995, 44 U.S.C. ch. 35, as amended. 2. Authority to approve a waiver of a provision is involved in the grant of a regulation may be delegated by the particular waiver request, the action is Dated: June 24, 2010. Secretary only to an individual of listed under the section number of the Merrie Nichols-Dixon, Assistant Secretary or equivalent rank, first regulatory requirement that appears Acting Deputy Assistant Secretary for Policy, and the person to whom authority to in 24 CFR and that is being waived. For Programs, and Legislative Initiatives. waive is delegated must also have example, a waiver of both § 58.73 and [FR Doc. 2010–15875 Filed 6–29–10; 8:45 am] authority to issue the particular § 58.74 would appear sequentially in the BILLING CODE 4210–67–P regulation to be waived; listing under § 58.73. 3. Not less than quarterly, the Waiver of regulations that involve the Secretary must notify the public of all same initial regulatory citation are in DEPARTMENT OF HOUSING AND waivers of regulations that HUD has time sequence beginning with the URBAN DEVELOPMENT approved, by publishing a notice in the earliest-dated regulatory waiver. Federal Register. These notices (each Should HUD receive additional [Docket No. FR–5420–N–01] covering the period since the most information about waivers granted recent previous notification) shall: during the period covered by this report Notice of Regulatory Waiver Requests a. Identify the project, activity, or (the first quarter of calendar year 2010) Granted for the First Quarter of undertaking involved; before the next report is published (the Calendar Year 2010 b. Describe the nature of the provision second quarter of calendar year 2010), waived and the designation of the AGENCY: Office of the General Counsel, HUD will include any additional provision; HUD. waivers granted for the first quarter in c. Indicate the name and title of the the next report. ACTION: Notice. person who granted the waiver request; Accordingly, information about d. Describe briefly the grounds for SUMMARY: Section 106 of the Department approved waiver requests pertaining to approval of the request; and of Housing and Urban Development HUD regulations is provided in the e. State how additional information Appendix that follows this notice. Reform Act of 1989 (the HUD Reform about a particular waiver may be Act) requires HUD to publish quarterly obtained. Dated: June 24, 2010. Federal Register notices of all Section 106 of the HUD Reform Act Helen R. Kanovsky, regulatory waivers that HUD has also contains requirements applicable to General Counsel. approved. Each notice covers the waivers of HUD handbook provisions Appendix—Listing of Waivers of quarterly period since the previous that are not relevant to the purpose of Federal Register notice. The purpose of Regulatory Requirements Granted by this notice. Offices of the Department of Housing this notice is to comply with the This notice follows procedures requirements of section 106 of the HUD and Urban Development January 1, provided in HUD’s Statement of Policy 2010 through March 31, 2010 Reform Act. This notice contains a list on Waiver of Regulations and Directives of regulatory waivers granted by HUD issued on April 22, 1991 (56 FR 16337). Note to Reader: More information about during the period beginning on January In accordance with those procedures the granting of these waivers, including a 1, 2010 and ending on March 31, 2010. and with the requirements of section copy of the waiver request and approval, may FOR FURTHER INFORMATION CONTACT: For 106 of the HUD Reform Act, waivers of be obtained by contacting the person whose general information about this notice, regulations are granted by the Assistant name is listed as the contact person directly contact Camille E. Acevedo, Associate Secretary with jurisdiction over the after each set of regulatory waivers granted. The regulatory waivers granted appear in General Counsel for Legislation and regulations for which a waiver was the following order: Regulations, Department of Housing and requested. In those cases in which a I. Regulatory waivers granted by the Office Urban Development, 451 7th Street, General Deputy Assistant Secretary of Community Planning and Development. SW., Room 10282,Washington, DC granted the waiver, the General Deputy II. Regulatory waivers granted by the Office 20410–0500, telephone (202) 708–1793 Assistant Secretary was serving in the of Housing. (this is not a toll-free number). Persons absence of the Assistant Secretary in III. Regulatory waivers granted by the with hearing- or speech-impairments accordance with the office’s Order of Office of Public and Indian Housing. may access this number through TTY by Succession. calling the toll-free Federal Information This notice covers waivers of I. Regulatory Waivers Granted by the Relay Service at (800) 877–8339. regulations granted by HUD from Office of Community Planning and For information concerning a January 1, 2010 through March 31, 2010. Development particular waiver that was granted and For ease of reference, the waivers For further information about the for which public notice is provided in granted by HUD are listed by HUD following regulatory waivers, please see this document, contact the person program office (for example, the Office the name of the contact person that whose name and address follow the of Community Planning and immediately follows the description of description of the waiver granted in the Development, the Office of Fair Housing the waiver granted. accompanying list of waivers that have and Equal Opportunity, the Office of • Regulation: 24 CFR 58.22(a). been granted in the first quarter of Housing, and the Office of Public and Project/Activity: The State of calendar year 2010. Indian Housing, etc.). Within each Louisiana Department of Culture,

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Recreation and Tourism received an to the HUD San Antonio Field Office on Contact: Diane Lobasso, Director, Economic Development Initiative October 26, 2007 where it was State and Small Cities Division, Office Special Purpose (EDI–SP) grant in the determined that the developer had used of Block Grant Assistance, Office of amount of $745,575 for the Poverty non-HUD funds to acquire the property Community Planning and Development, Point restoration project in Delhi, LA. for this development after submission of Department of Housing and Urban The State of Louisiana will use the EDI– a HOME grant application, but prior to Development, 451 7th Street, SW., SP funds to build a new visitor center, the completion of the environmental Room 7184, Washington, DC 20410– fishing pier, boat ramp, canoe launch, review. 7000, telephone (202) 402–2191. trails and utility improvements. The Nature of Requirement: HUD’s • Regulation: 24 CFR 91.520(d). visitor center will provide space for regulation at 24 CFR 58.22(a) requires Project/Activity: Joliet, IL educational exhibits describing the that an environmental review be Consolidated Plan. natural and cultural history associated performed and a request for release of Nature of Requirement: Section with the site. Subsequent to the January funds be completed and certified prior 91.520(d) of HUD’s regulations requires 23, 2004 appropriation for the EDI–SP to the commitment of non-HUD funds to that the Department of Housing and grant, but prior to the completion of a a project using HUD funds. Urban Development must approve or federal environmental review and any Granted by: Mercedes M. Ma´rquez, disapprove a plan within 30 days of release of funds from HUD, the State of Assistant Secretary for Community receiving the resubmission of a plan that Louisiana spent non-HUD funds on Planning and Development. was disapproved. construction activities for the project. Date Granted: March 22, 2010. Granted by: Mercedes Ma´rquez, Nature of Requirement: HUD’s Reason Waived: The waiver was Assistant Secretary for Community regulation at 24 CFR 58.22(a) requires granted based on the following findings: Planning and Development. that an environmental review be the above project would further the Date Granted: March 31, 2010. performed and a request for release of HUD mission and advance HUD Reason Waived: HUD notified the City of Joliet, IL that its 2010 Consolidated funds be completed and certified prior program goals related to community Plan was disapproved because the plan to the commitment of non-HUD funds to development; the errors made in the lacked satisfactory certifications a project using HUD funds. environmental process for the required as part of a complete Granted by: Mercedes M. Ma´rquez, commitment of non-HUD funds were Consolidated Plan submission under 24 Assistant Secretary for Community made in good faith and the Orange CFR part 91. The waiver was granted to Planning and Development. HOME Consortium in the State of Texas provide the City sufficient time to Date Granted: January 28, 2010. did not willfully violate the applicable provide the assurances necessary to Reason Waived: The waiver was regulations; no HUD funds were meet the criteria for HUD approval of granted based on the following findings: committed; and, based on the certifications satisfactory to the The above project would further the environmental assessment and the HUD Secretary that it will affirmatively HUD mission and advance HUD field inspection, granting a waiver will further fair housing and administer the program goals related to community not result in any unmitigated, adverse City’s CDBG grant in conformity with development; the errors made in the environmental impact. anti-discrimination laws and other environmental process for the Contact: Danielle Schopp, Office of applicable laws. commitment of non-HUD funds were Environment and Energy, Office of Contact: Yolanda Cha´vez, Deputy made in good faith and the State of Community Planning and Development, Assistant Secretary for Grant Programs, Louisiana did not willfully violate the Department of Housing and Urban Department of Housing and Urban applicable regulations; no HUD funds Development, 451 7th Street, SW., Development, 451 7th Street, SW., were committed; and, based on the Room 7250, Washington, DC 20410– Room 7204, Washington, DC 20410– revised environmental assessment and 7000, telephone (202) 402–4442. 7000, telephone (202) 708–2111. • the HUD field inspection, granting a Regulation: 24 CFR 91.520(a). • Regulation: Notice of Allocations, waiver will not result in any Project/Activity: The State of Application Procedures, and unmitigated, adverse environmental Pennsylvania CDBG Program. Requirements for Homelessness impact. Nature of Requirement: Section Prevention and Rapid Re-Housing Contact: Danielle Schopp, Office of 91.520(a) of HUD’s regulations (24 CFR Program Grantees under the American Environment and Energy, Office of 91.520(a)) requires the State of Recovery and Reinvestment Act of 2009 Community Planning and Development, Pennsylvania to submit its annual (Recovery Act of 2009), issued March Department of Housing and Urban performance report within 90 days after 19, 2009 (HPRP Notice). Development, 451 7th Street, SW., the end of its program year. Project/Activity: Homelessness Room 7250, Washington, DC 20410– Granted by: Mercedes Ma´rquez, Prevention and Rapid Re-Housing 7000, telephone (202) 402–4442. Assistant Secretary for Community Program (HPRP) grantee, the City of • Regulation: 24 CFR 58.22(a). Planning and Development. Ontario, California, requested a waiver Project/Activity: Liberty Trinity Date Granted: March 29, 2010. of the limitation on eligible subgrantees Garden Apartment Homes is a 76-unit Reason Waived: The State of in order to subgrant HPRP funds to the tax-credit project for the elderly to be Pennsylvania was unable to generate Ontario Housing Authority (OHA). built in the City of Liberty, TX under the accurate reports from HUD’s Integrated Nature of Requirement: Subsections auspices of the Orange Regional HOME Disbursement Information System (IDIS) III.B. and III.C. of the HPRP Notice Consortium (ORHC). The project will upon which it relies to summarize provides that metropolitan cities, urban include $571,586 of HOME funds, financial and performance data entered counties, and territories may distribute which will be used for the construction into the system. HUD’s correction of the all or part of their grant amounts to of five of the units with rents at 30 system issues could not be completed in private non-profit organizations or percent of median income for twenty time for the State to meet the due date another local government. years. for its Consolidated Annual Granted by: Mercedes Marquez. The environmental review for the Performance and Evaluation Report Assistant Secretary for Community property was completed and submitted (CAPER). Planning and Development.

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Date Granted: February 16, 2010. Project/Activity: PNC Mortgage, a of vandalism associated with allowing a Reason Waived: The City provided division of PNC Bank, National property to sit vacant over a 90-day sufficient information for HUD to grant Association, Downers Grove, IL. period of time. The waiver would the waiver on the basis of the following: Nature of Requirement: HUD’s permit buyers to use FHA-insured HPRP participants would be selected in regulation at 24 CFR 203.4(b) provides financing to purchase HUD-owned a manner that would ensure OHA that to be approved for Lender properties, bank-owned properties, or residents are not unfairly selected over Insurance, a mortgagee must have had properties resold through private sales. other eligible individuals and families; an acceptable claim and default record During this period in which foreclosures (2) utilizing OHA as a subgrantee would for at least two years prior to its remain high, the waiver would allow result in an efficient and effective application for participation in the homes to resell as quickly as possible, program that benefits HPRP Lender Insurance (LI) program. helping to stabilize real estate prices participants; and (3) OHA was found to Granted by: David H. Stevens, and to revitalize neighborhoods and have proven capacity to serve homeless Assistant Secretary for Housing— communities. Under the waiver, persons. Federal Housing Commissioner. forward mortgages on these properties Contact: Ann M. Oliva, Director, Date Granted: January 14, 2010. are eligible for FHA insurance if the sale Office of Special Needs Programs, Office Reason Waived: In November 2009, is an arms-length transaction. If the of Community Planning and National City Bank (which had LI resale price exceeds the acquisition Development, Department of Housing Authority) completed its merger into price by twenty percent or more, the and Urban Development, 451 7th Street, PNC Bank, National Association (which lender must justify and document the SW., Room 7262, Washington, DC did not have LI authority). HUD increase in value, and the buyer must 20410–7000, telephone number (202) determined that using National City receive a home inspection prior to 708–4300. Bank’s claim and default performance closing. for the past two years to calculate Contact: Margaret E. Burns, Director, II. Regulatory Waivers Granted by the whether PNC Bank’s default and claim Office of Single Family Housing Office of Housing—Federal Housing record is acceptable in order to qualify Program Development, Office of Administration (FHA) as an LI participant is sufficient. Housing, Department of Housing and For further information about the Furthermore, all FHA-insured loans that Urban Development, 451 7th Street, following regulatory waivers, please see will be processed underwritten, closed SW., Room 9278, Washington, DC the name of the contact person that and insured by PNC Bank would use the 20410–8000, telephone (202) 708–2121. immediately follows the description of same resources that were used by • Regulation: 24 CFR 219.220(b). the waiver granted. National City Bank, whose default and Project/Activity: Cathedral Place • Regulation: 24 CFR 200.85(b). claim record qualified it for acceptance Apartments Park (Mobile County), Project/Activity: North Pointe II, Fort into the Program without a waiver of the Mobile, Alabama—FHA Project Number Smith, Arkansas, Project #082–35411. regulations in question. 062–44043. The owner requested Nature of Requirement: HUD’s Contact: Margaret E. Burns, Director, permission to defer repayment of the regulation at 24 CFR 200.85(b) prohibits Office of Single Family Housing Flexible Subsidy loan on this project. an inferior lien being placed on a Program Development, Office of The deferral would enable urgent property with a HUD FHA-insured Housing, Department of Housing and repairs and rehabilitation to be mortgage, which will be repaid from Urban Development, 451 7th Street, completed for revitalization of the mortgage proceeds other than surplus SW., Room 9278, Washington, DC project. cash or residual receipts. 20410–8000, telephone (202) 708–2121. Nature of Requirement: Section Granted by: David H. Stevens, • Regulation: 24 CFR 203.37a(b)(2). 219.220(b) of HUD’s regulations governs Assistant Secretary for Housing— Project/Activity: Rehabilitation and the repayment of operating assistance Federal Housing Commissioner. returning to the housing market provided under the Flexible Subsidy Date Granted: March 24, 2010. foreclosed and abandoned homes. Program for Troubled Projects prior to Reason Waived: The waiver was Nature of Requirement: HUD’s May 1, 1996 and states: ‘‘Assistance that granted to give the owner the authority regulation at 24 CFR 203.37a(b)(2) has been paid to a project owner under to service the HOME loan from project provides that, generally, a mortgage for this subpart must be repaid at the earlier operating funds, which would make it a property will not be eligible for FHA of the expiration of the term of the possible for the project to be constructed insurance if the contract of sale for the mortgage, termination of mortgage and serve as an affordable housing purchase of the property is executed insurance, prepayment of the mortgage, resource. Low-Income Housing Tax within 90 days of the prior acquisition or sale of the project * * *.’’ Either of Credits (LIHTC), tied with HUD HOME by the seller. these actions would typically terminate funds, and allowed the project to be Granted by: David H. Stevens, FHA involvement with the property, feasible. The Arkansas Development Assistant Secretary for Housing— and the Flexible Subsidy Loan would be Finance Authority (ADFA) requires Federal Housing Commissioner. repaid, in whole, at that time. monthly principal and interest Date Granted: January 15, 2010. Granted by: David H. Stevens, payments as a condition of the HOME Reason Waived: FHA research found Assistant Secretary for Housing— funds loan. that acquiring, rehabilitating and the Federal Housing Commissioner. Contact: Daniel L. Sullivan, Director, reselling recently acquired properties to Date Granted: January 14, 2010. Housing Policy, Multifamily prospective homeowners often takes Reason Waived: This regulation was Development, Office of Multifamily less than 90 days. Prohibiting the use of waived in order to exempt Catholic Housing, Office of Housing, Department FHA mortgage insurance for a Housing of Mobile, Incorporated, from of Housing and Urban Development, subsequent resale within 90 days of the requirement to repay the Flexible 451 7th Street, SW., Room 6148, acquisition adversely impacts the Subsidy Operating Assistance Loan Washington, DC 20410–8000, telephone willingness of sellers to allow contracts upon prepayment/refinancing of the (202) 708–1142. from potential FHA buyers because they loan; thereby allowing financing to • Regulation: 24 CFR 203.4(b). must consider holding costs and the risk rehabilitate the property and ensure

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preservation of the project as an Room 6130, Washington, DC 20410– efforts to obtain additional funding from affordable housing resource. 8000, telephone (202) 708–3000. other sources. Contact: Robert G. Iber, Acting • Regulation: 24 CFR 891.100(d). Contact: Willie Spearmon, Director, Director, Office of Asset Management, Project/Activity: Bayberry Courts, Inc., Office of Housing Assistance and Grant Office of Housing, Department of South Kingstown, RI, Project Number: Administration, Office of Housing, Housing and Urban Development, 451 016–HD049/RI43–Q051–002. Department of Housing and Urban 7th Street, SW., Room 6148, Nature of Requirement: Section Development, 451 7th Street, SW., Washington, DC 20410–8000, telephone 891.100(d) prohibits amendment of the Room 6130, Washington, DC 20410– (202) 708–3730. amount of the approved capital advance 8000, telephone (202) 708–3000. • Regulation: 24 CFR 891.100(c) and funds prior to closing. • Regulation: 24 CFR 891.100(d). 24 CFR 891.808(a). Granted by: David H. Stevens, Project/Activity: Richard Walz Project/Activity: Erbograph Assistant Secretary for Housing— Apartments, Jefferson City, MO, Project Apartments Senior Housing, New York, Federal Housing Commissioner. Number: 086–HD050/MO36–Q081–003. NY, Project Number: 012–EE364/NY36– Date Granted: March 4, 2010. Nature of Requirement: Section S071–010. Reason Waived: The project is 891.100(d) prohibits amendment of the Nature of Requirement: Section economically designed and comparable amount of the approved capital advance 891.100(c) provides that the sponsor in cost to similar projects in the area, funds prior to closing. may only transfer the capital advance and the sponsor/owner exhausted all Granted by: David H. Stevens, funds to the owner formed by the efforts to obtain additional funding from Assistant Secretary for Housing— sponsor and section 891.808(a) provides other sources. Federal Housing Commissioner. that a sponsor may transfer the fund Contact: Willie Spearmon, Director, Date Granted: March 29, 2010. reservation directly to the owner or to Office of Housing Assistance and Grant Reason Waived: The project is the general partner of the owner, or the Administration, Office of Housing, economically designed and comparable sponsor may be the general partner of Department of Housing and Urban in cost to similar projects in the area, the mixed-finance owner if the sponsor Development, 451 7th Street, SW., and the sponsor/owner exhausted all meets the applicable statutory and Room 6130, Washington, DC 20410– efforts to obtain additional funding from regulatory requirements. 8000, telephone (202) 708–3000. other sources. • Granted by: David H. Stevens, Regulation: 24 CFR 891.100(d). Contact: Willie Spearmon, Director, Assistant Secretary for Housing— Project/Activity: Independent Living Office of Housing Assistance and Grant Federal Housing Commissioner. Horizons Thirteen, Harlem, GA, Project Administration, Office of Housing, Date Granted: March 23, 2010. Number: 061–EE169/GA06–S081–005. Department of Housing and Urban Reason Waived: The waiver was Nature of Requirement: Section Development, 451 7th Street, SW., granted to permit the capital advance 891.100(d) prohibits amendment of the Room 6130, Washington, DC 20410– funds to flow from the sponsor through amount of the approved capital advance 8000, telephone (202) 708–3000. an intermediary third party before funds prior to closing. • reaching the mixed-finance owner to Granted by: David H. Stevens, Regulation: 24 CFR 891.100(d). satisfy Internal Revenue Service (IRS) Assistant Secretary for Housing— Project/Activity: Westfield Towers, tax code. Federal Housing Commissioner. Aliquippa, PA, Project Number: 033– Contact: Willie Spearmon, Director, Date Granted: March 11, 2010. EE136/PA28–S081–003. Office of Housing Assistance and Grant Reason Waived: The project is Nature of Requirement: Section Administration, Office of Housing, economically designed and comparable 891.100(d) prohibits amendment of the Department of Housing and Urban in cost to similar projects in the area, amount of the approved capital advance Development, 451 7th Street, SW., and the sponsor/owner exhausted all funds prior to closing. Room 6130, Washington, DC 20410– efforts to obtain additional funding from Granted by: David H. Stevens, 8000, telephone (202) 708–3000. other sources. Assistant Secretary for Housing— • Regulation: 24 CFR 891.100(d). Contact: Willie Spearmon, Director, Federal Housing Commissioner. Project/Activity: Villa Serena, Chico, Office of Housing Assistance and Grant Date Granted: March 29, 2010. CA, Project Number: 136–HD021/CA30– Administration, Office of Housing, Reason Waived: The project is Q071–001. Department of Housing and Urban economically designed and comparable Nature of Requirement: Section Development, 451 7th Street, SW., in cost to similar projects in the area, 891.100(d) prohibits amendment of the Room 6130, Washington, DC 20410– and the sponsor/owner exhausted all amount of the approved capital advance 8000, telephone (202) 708–3000. efforts to obtain additional funding from funds prior to closing. • Regulation: 24 CFR 891.100(d). other sources. Granted by: David H. Stevens, Project/Activity: Swope Gardens, Contact: Willie Spearmon, Director, Assistant Secretary for Housing— Kansas City, MO, Project Number: 084– Office of Housing Assistance and Grant Federal Housing Commissioner. HD062/MO16–Q081–003. Administration, Office of Housing, Date Granted: March 4, 2010. Nature of Requirement: Section Department of Housing and Urban Reason Waived: The project is 891.100(d) prohibits amendment of the Development, 451 7th Street, SW., economically designed and comparable amount of the approved capital advance Room 6130, Washington, DC 20410– in cost to similar projects in the area, funds prior to closing. 8000, telephone (202) 708–3000. and the sponsor/owner exhausted all Granted by: David H. Stevens, • Regulation: 24 CFR 891.100(d). efforts to obtain additional funding from Assistant Secretary for Housing— Project/Activity: Atoka Tumaha Okla, other sources. Federal Housing Commissioner. Atoka, OK, Project Number: 118–EE050/ Contact: Willie Spearmon, Director, Date Granted: March 11, 2010. OK56–S081–003. Office of Housing Assistance and Grant Reason Waived: The project is Nature of Requirement: Section Administration, Office of Housing, economically designed and comparable 891.100(d) prohibits amendment of the Department of Housing and Urban in cost to similar projects in the area, amount of the approved capital advance Development, 451 7th Street, SW., and the sponsor/owner exhausted all funds prior to closing.

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Granted by: David H. Stevens, processed and for the project to be advance is 18 months from the date of Assistant Secretary for Housing— initially closed. issuance with limited exceptions up to Federal Housing Commissioner. Contact: Willie Spearmon, Director, 24 months, as approved by HUD on a Date Granted: March 30, 2010. Office of Housing Assistance and Grant case-by-case basis. Reason Waived: The project is Administration, Office of Housing, Granted by: David H. Stevens, economically designed and comparable Department of Housing and Urban Assistant Secretary for Housing— in cost to similar projects in the area, Development, 451 7th Street, SW., Federal Housing Commissioner. and the sponsor/owner exhausted all Room 6130, Washington, DC 20410– Date Granted: January 13, 2010. efforts to obtain additional funding from 8000, telephone (202) 708–3000. Reason Waived: Additional time was other sources. • Regulation: 24 CFR 891.165. needed for the sponsor/owner to obtain Contact: Willie Spearmon, Director, Project/Activity: Enola A. Dew Village a clear title for the site and for the city Office of Housing Assistance and Grant Apartments, Chicago, IL, Project of Tucson to approve a lot split and for Administration, Office of Housing, Number: 071–EE232/IL06–S071–001. the project to be initially closed. Department of Housing and Urban Nature of Requirement: Section Contact: Willie Spearmon, Director, Development, 451 7th Street, SW., 891.165 provides that the duration of Office of Housing Assistance and Grant Room 6130, Washington, DC 20410– the fund reservation of the capital Administration, Office of Housing, 8000, telephone (202) 708–3000. advance is 18 months from the date of Department of Housing and Urban • Regulation: 24 CFR 891.100(d) and issuance with limited exceptions up to Development, 451 7th Street, SW., 24 CFR 891.165. 24 months, as approved by HUD on a Room 6130, Washington, DC 20410– Project/Activity: Top House, case-by-case basis. 8000, telephone (202) 708–3000. Topsfield, MA, Project Number: 023– Granted by: David H. Stevens, • Regulation: 24 CFR 891.165. HD225/MA06–Q061–001. Assistant Secretary for Housing— Project/Activity: West Bergen ILP Nature of Requirement: Section Federal Housing Commissioner. 2005, Ridgewood, NJ, Project Number: 891.100(d) prohibits amendment of the Date Granted: January 12, 2010. 031–HD145/NJ39–Q051–001. amount of the approved capital advance Reason Waived: Additional time was Nature of Requirement: Section funds prior to initial closing. Section needed for the sponsor/owner to obtain 891.165 provides that the duration of 891.165 provides that the duration of the building permits, submit the initial/ the fund reservation of the capital the fund reservation of the capital final closing documents and for the advance is 18 months from the date of advance is 18 months from the date of project to be initially closed. issuance with limited exceptions up to issuance with limited exceptions up to Contact: Willie Spearmon, Director, 24 months, as approved by HUD on a 24 months, as approved by HUD on a Office of Housing Assistance and Grant case-by-case basis. case-by-case basis. Administration, Office of Housing, Granted by: David H. Stevens, Granted by: David H. Stevens, Department of Housing and Urban Assistant Secretary for Housing— Assistant Secretary for Housing— Development, 451 7th Street, SW., Federal Housing Commissioner. Federal Housing Commissioner. Room 6130, Washington, DC 20410– Date Granted: January 13, 2010. Reason Waived: Additional time was Date Granted: March 18, 2010. 8000, telephone (202) 708–3000. Reason Waived: The project is needed to resolve objections raised by • economically designed and comparable Regulation: 24 CFR 891.165. the neighbors to the NJ Council on in cost to similar projects in the area, Project/Activity: Villa Matti (f/k/a Affordable Housing (COAH) and for the and the sponsor/owner exhausted all Villa Maria II), Miami Beach. FL, Project project to reach initial closing. efforts to obtain additional funding from Number: 066–EE111/FL29–S061–005. Contact: Willie Spearmon, Director, other sources. The sponsor/owner Nature of Requirement: Section Office of Housing Assistance and Grant required additional time to redesign the 891.165 provides that the duration of Administration, Office of Housing, project to meet the requirements of the the fund reservation of the capital Department of Housing and Urban Department of Mental Retardation. advance is 18 months from the date of Development, 451 7th Street, SW., Contact: Willie Spearmon, Director, issuance with limited exceptions up to Room 6130, Washington, DC 20410– Office of Housing Assistance and Grant 24 months, as approved by HUD on a 8000 telephone (202) 708–3000. Administration, Office of Housing, case-by-case basis. • Regulation: 24 CFR 891.165. Department of Housing and Urban Granted by: David H. Stevens, Project/Activity: Homes of Care III, Development, 451 7th Street, SW., Assistant Secretary for Housing— Groveland, MA, Project Number: 023– Room 6130, Washington, DC 20410– Federal Housing Commissioner. HD227/MA06–Q071–001. 8000, telephone (202) 708–3000. Date Granted: January 13, 2010. Nature of Requirement: Section Reason Waived: Additional time was • Regulation: 24 CFR 891.165. 891.165 provides that the duration of Project/Activity: Lafayette Manor, needed to finalize the secondary the fund reservation of the capital Staten Island, NY, Project Number: 012– financing and initial closing documents. advance is 18 months from the date of EE336/NY06–S051–004. Contact: Willie Spearmon, Director, issuance with limited exceptions up to Nature of Requirement: Section Office of Housing Assistance and Grant 24 months, as approved by HUD on a 891.165 provides that the duration of Administration, Office of Housing, case-by-case basis. the fund reservation of the capital Department of Housing and Urban Granted by: David H. Stevens, advance is 18 months from the date of Development, 451 7th Street, SW., Assistant Secretary for Housing— issuance with limited exceptions up to Room 6130, Washington, DC 20410– Federal Housing Commissioner. 24 months, as approved by HUD on a 8000, telephone (202) 708–3000. Date Granted: January 13, 2010. case-by-case basis. • Regulation: 24 CFR 891.165. Reason Waived: Additional time was Granted by: David H. Stevens, Project/Activity: Casa Del Pueblo II, needed for the sponsor/owner to resolve Assistant Secretary for Housing— Tucson, AZ, Project Number: 123– an issue with the town concerning a Federal Housing Commissioner. EE103/AZ20–S061–009. water hook up fee and for the project to Date Granted: January 12, 2010. Nature of Requirement: Section achieve an initial closing. Reason Waived: Additional time was 891.165 provides that the duration of Contact: Willie Spearmon, Director, needed for the firm commitment to be the fund reservation of the capital Office of Housing Assistance and Grant

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Administration, Office of Housing, 24 months, as approved by HUD on a Administration, Office of Housing, Department of Housing and Urban case-by-case basis. Department of Housing and Urban Development, 451 7th Street, SW., Granted by: David H. Stevens, Development, 451 7th Street, SW., Room 6130, Washington, DC 20410– Assistant Secretary for Housing— Room 6130, Washington, DC 20410– 8000, telephone (202) 708–3000. Federal Housing Commissioner. 8000, telephone (202) 708–3000. • Regulation: 24 CFR 891.165. Date Granted: January 13, 2010. • Regulation: 24 CFR 891.165. Project/Activity: Parham House, Vista, Reason Waived: Additional time was Project/Activity: Lake Serenity, CA, Project Number: 129–EE031/CA33– needed for the sponsor/owner to finalize Jackson, MS, Project Number: 065– S061–001. secondary funding documents with the EE049/MS26–S071–001. Nature of Requirement: Section Sacramento County Housing and Nature of Requirement: Section 891.165 provides that the duration of Redevelopment Agency and for the 891.165 provides that the duration of the fund reservation of the capital project to achieve an initial closing. the fund reservation of the capital advance is 18 months from the date of Contact: Willie Spearmon, Director, advance is 18 months from the date of issuance with limited exceptions up to Office of Housing Assistance and Grant issuance with limited exceptions up to 24 months, as approved by HUD on a Administration, Office of Housing, 24 months, as approved by HUD on a case-by-case basis. Department of Housing and Urban case-by-case basis. Granted by: David H. Stevens, Development, 451 7th Street, SW., Granted by: David H. Stevens, Assistant Secretary for Housing— Room 6130, Washington, DC 20410– Assistant Secretary for Housing— Federal Housing Commissioner. 8000, telephone (202) 708–3000. Federal Housing Commissioner. • Date Granted: January 13, 2010. Regulation: 24 CFR 891.165. Date Granted: February 4, 2010. Reason Waived: Additional time was Project/Activity: Tomlinson Reason Waived: Additional time was needed to finalize the secondary Apartments, Vista, CA, Project Number: needed for the project to achieve an funding and for the project to achieve an 129–HD030/CA33–Q041–001. initial closing. initial closing. Nature of Requirement: Section Contact: Willie Spearmon, Director, Contact: Willie Spearmon, Director, 891.165 provides that the duration of Office of Housing Assistance and Grant Office of Housing Assistance and Grant the fund reservation of the capital Administration, Office of Housing, Administration, Office of Housing, advance is 18 months from the date of Department of Housing and Urban Department of Housing and Urban issuance with limited exceptions up to Development, 451 7th Street, SW., Development, 451 7th Street, SW., 24 months, as approved by HUD on a Room 6130, Washington, DC 20410– Room 6130, Washington, DC 20410– case-by-case basis. 8000, telephone (202) 708–3000. 8000, telephone (202) 708–3000. Granted by: David H. Stevens, • Regulation: 24 CFR 891.165. • Regulation: 24 CFR 891.165. Assistant Secretary for Housing— Project/Activity: Arbor Court, Fresno, Federal Housing Commissioner. Project/Activity: Pensacola VOA CA, Project Number: 121–HD083/CA39– Date Granted: January 25, 2010. Living Center, Pensacola, FL, Project Q041–003. Reason Waived: Additional time was Number: 063–HD025/FL29–Q071–003. Nature of Requirement: Section needed for the sponsor/owner to work Nature of Requirement: Section 891.165 provides that the duration of with the architect and contractors to 891.165 provides that the duration of the fund reservation of the capital reduce the construction cost, to obtain the fund reservation of the capital advance is 18 months from the date of additional funds and for the project to advance is 18 months from the date of issuance with limited exceptions up to be initially closed. issuance with limited exceptions up to 24 months, as approved by HUD on a Contact: Willie Spearmon, Director, 24 months, as approved by HUD on a case-by-case basis. Office of Housing Assistance and Grant case-by-case basis. Granted by: David H. Stevens, Administration, Office of Housing, Granted by: David H. Stevens, Assistant Secretary for Housing— Department of Housing and Urban Assistant Secretary for Housing— Federal Housing Commissioner. Development, 451 7th Street, SW., Federal Housing Commissioner. Date Granted: January 13, 2010. Room 6130, Washington, DC 20410– Date Granted: February 26, 2010. Reason Waived: Additional time was 8000, telephone (202) 708–3000. Reason Waived: Additional time was needed for completion of specifications • Regulation: 24 CFR 891.165. needed to finalize the initial closing review by the city, resubmission of the Project/Activity: 29th Avenue documents and for the project to firm commitment application and for Apartments, San Francisco, CA, Project achieve an initial closing. the project to be initially closed. Number: 121–HD089/CA39–Q071–001. Contact: Willie Spearmon, Director, Contact: Willie Spearmon, Director, Nature of Requirement: Section Office of Housing Assistance and Grant Office of Housing Assistance and Grant 891.165 provides that the duration of Administration, Office of Housing, Administration, Office of Housing, the fund reservation of the capital Department of Housing and Urban Department of Housing and Urban advance is 18 months from the date of Development, 451 7th Street, SW., Development, 451 7th Street, SW., issuance with limited exceptions up to Room 6130, Washington, DC 20410– Room 6130, Washington, DC 20410– 24 months, as approved by HUD on a 8000, telephone (202) 708–3000. 8000, telephone (202) 708–3000. case-by-case basis. • Regulation: 24 CFR 891.165. • Regulation: 24 CFR 891.165. Granted by: David H. Stevens, Project/Activity: Garrett House, Project/Activity: North Highlands Assistant Secretary for Housing— Wilmington, DE, Project Number: 032– VOA Living Center, North Highlands, Federal Housing Commissioner. HD036/DE26–Q061–002. CA, Project Number: 136–HD019/CA30– Date Granted: February 2, 2010. Nature of Requirement: Section Q061–001. Reason Waived: Additional time was 891.165 provides that the duration of Nature of Requirement: Section needed to process the revised firm the fund reservation of the capital 891.165 provides that the duration of commitment application and for the advance is 18 months from the date of the fund reservation of the capital project to achieve an initial closing. issuance with limited exceptions up to advance is 18 months from the date of Contact: Willie Spearmon, Director, 24 months, as approved by HUD on a issuance with limited exceptions up to Office of Housing Assistance and Grant case-by-case basis.

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Granted by: David H. Stevens, • Regulation: 24 CFR 891.165. Granted by: David H. Stevens, Assistant Secretary for Housing— Project/Activity: Senior City, Federal Assistant Secretary for Housing— Federal Housing Commissioner. Way, WA, Project Number: 127–EE061/ Federal Housing Commissioner. Date Granted: March 4, 2010. WA19–S071–002. Date Granted: February 1, 2010. Reason Waived: Additional time was Nature of Requirement: Section Reason Waived: Having the same needed for the sponsor/owner to resolve 891.165 provides that the duration of ownership-entity for this project and some issues with the initial closing the fund reservation of the capital two other projects would result in documents and for the project to reach advance is 18 months from the date of substantial annual cost savings and an initial closing. issuance with limited exceptions up to provide efficient management and Contact: Willie Spearmon, Director, 24 months, as approved by HUD on a supportive services for the project. Office of Housing Assistance and Grant case-by-case basis. Contact: Willie Spearmon, Director, Administration, Office of Housing, Granted by: David H. Stevens, Office of Housing Assistance and Grant Department of Housing and Urban Assistant Secretary for Housing— Administration, Office of Housing, Development, 451 7th Street, SW., Federal Housing Commissioner. Department of Housing and Urban Room 6130, Washington, DC 20410– Date Granted: March 29, 2010. Development, 451 7th Street, SW., 8000, telephone (202) 708–3000. Reason Waived: Additional time was Room 6130, Washington, DC 20410– • Regulation: 24 CFR 891.165. needed for this mixed finance project, 8000, telephone (202) 708–3000. which is being developed as a capital Project/Activity: St. Joseph Place, • Regulation: 24 CFR 891.401(c). advance upon completion project, to Kansas City, MO, Project Number: 084– Project/Activity: Carolina Place, Rock complete construction and reach initial/ EE073/MO16–S071–002. Hill, South Carolina—FHA Project final closing. Nature of Requirement: Section Number 054–HD002. 891.165 provides that the duration of Contact: Willie Spearmon, Director, Office of Housing Assistance and Grant Nature of Requirement: Section the fund reservation of the capital 891.410 of HUD’s regulations relates to advance is 18 months from the date of Administration, Office of Housing, Department of Housing and Urban admission of families to projects for issuance with limited exceptions up to elderly or handicapped families that 24 months, as approved by HUD on a Development, 451 7th Street, SW., Room 6130, Washington, DC 20410– receive reservations under Section 202 case-by-case basis. of the Housing Act of 1959, as amended Granted by: David H. Stevens, 8000, telephone (202) 708–3000. • by section 801 of the National Assistant Secretary for Housing— Regulation: 24 CFR 891.165. Affordable Housing Act of 1990. Section Project/Activity: Darlington Road Federal Housing Commissioner. 891.410(c) limits occupancy to very Date Granted: March 11, 2010. Supportive Housing, Pittsburgh, PA, low-income elderly persons. To qualify, Reason Waived: Additional time was Project Number: 033–HD104/PA28– households must include a minimum of needed for the closing documents to be Q071–001. one person who is at least 62 years of reviewed and for the project to achieve Nature of Requirement: Section age at the time of initial occupancy. an initial closing. 891.165 provides that the duration of Contact: Willie Spearmon, Director, the fund reservation of the capital Granted by: David H. Stevens, Office of Housing Assistance and Grant advance is 18 months from the date of Assistant Secretary for Housing— Administration, Office of Housing, issuance with limited exceptions up to Federal Housing Commissioner. Department of Housing and Urban 24 months, as approved by HUD on a Date Granted: March 3, 2010. Development, 451 7th Street, SW., case-by-case basis. Reason Waived: This waiver was Room 6130, Washington, DC 20410– Granted by: David H. Stevens, granted to allow the managing agent to 8000, telephone (202) 708–3000. Assistant Secretary for Housing— waive regulations determining • Federal Housing Commissioner. eligibility and selection of tenants due Regulation: 24 CFR 891.165. to a leasing error which allowed Project/Activity: Sheldon Terrace Date Granted: March 30, 2010. admission of an ineligible tenant. An Apartments, New Haven, CT, Project Reason Waived: Additional time was audit revealed that the tenant’s income Number: 017–HD040/CT26–Q071–001. needed for the firm commitment to be Nature of Requirement: Section processed, amendment funds to be was above the very low-income limit. 891.165 provides that the duration of approved and for the project to achieve The tenant does, however, meet other the fund reservation of the capital an initial closing. criteria for admission to this Section 811 advance is 18 months from the date of Contact: Willie Spearmon, Director, Capital Advance project. Waiver of the issuance with limited exceptions up to Office of Housing Assistance and Grant regulation allowed the tenant to 24 months, as approved by HUD on a Administration, Office of Housing, continue to reside in the unit but pay case-by-case basis. Department of Housing and Urban market rent. This waiver was granted Granted by: David H. Stevens, Development, 451 7th Street, SW., only for this property and this tenant. Assistant Secretary for Housing— Room 6130, Washington, DC 20410– Contact: Robert G. Iber, Acting Federal Housing Commissioner. 8000, telephone (202) 708–3000. Director, Office of Asset Management, Date Granted: March 26, 2010. • Regulation: 24 CFR 891.205. Office of Housing, Department of Reason Waived: Additional time was Project/Activity: Immanuel Trinity Housing and Urban Development, 451 needed for the sponsor/owner to obtain Courtyard III, Omaha, NE, Project 7th Street, SW., Room 6148, signed easements from three neighbors Number: 103–EE039/NE26–S081–001. Washington, DC 20410–8000, telephone and for the project to achieve an initial Nature of Requirement: Section (202) 708–3730. closing. 891.205 requires the owner to be a • Regulation: 24 CFR 891.805. Contact: Willie Spearmon, Director, single-purpose private nonprofit Project/Activity: Erbograph Office of Housing Assistance and Grant organization that is established by the Apartments Senior Housing, New York, Administration, Office of Housing, sponsor to receive the capital advance NY, Project Number: 012–EE364/NY36– Department of Housing and Urban and project rental assistance payments S071–010. Development, 451 7th Street, SW., to develop and operate supportive Nature of Requirement: Section Room 6130, Washington, DC 20410– housing for the elderly as its legal 891.805 provides that this entity be a 8000, telephone (202) 708–3000. owner. private nonprofit organization with a

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501(c)(3) or 501(c)(4) tax exemption (in Project/Activity: Hampton supported by a Federal agency, the case of supportive housing for the Redevelopment and Housing Authority, disposition of the equipment will be elderly), or a nonprofit organization Hampton, Virginia. made as follows: (1) Items of equipment with a 501(c)(3) (in the case of Nature of Requirement: The above- with a current per-unit fair market value supportive housing for persons with referenced regulations in 24 CFR part of less than $5,000 may be retained, sold disabilities). 85, provide that when original or or otherwise disposed of with no further Granted by: David H. Stevens, replacement equipment acquired under obligation to the awarding agency; and Assistant Secretary for Housing— a grant is no longer needed for the (2) Items of equipment with a current Federal Housing Commissioner. original project or program or for other per unit fair market value in excess of Date Granted: January 14, 2010. activities currently or previously $5,000 may be retained or sold and the Reason Waived: The waiver was supported by a Federal agency, awarding agency shall have a right to an granted to allow the use of a disposition of the equipment will be amount calculated by multiplying the corporation, where the nonprofit made as follows: (1) Items of equipment current market value or proceeds from sponsor is the sole shareholder, as the with a current per-unit fair market value sale by the awarding agency’s share of sole general partner of the mixed- of less than $5,000 may be retained, sold the equipment. finance owner because the New York or otherwise disposed of with no further Granted by: Sandra B. Henriquez, Not-for-Profit Corporation Law does not obligation to the awarding agency; and Assistant Secretary for Public and permit a not-for-profit corporation to act (2) Items of equipment with a current Indian Housing. as a partner in a partnership. per unit fair market value in excess of Date Granted: February 19, 2010. Contact: Willie Spearmon, Director, $5,000 may be retained or sold and the Reason Waived: The agency decided Office of Housing Assistance and awarding agency shall have a right to an to contract out lawn and landscaping for GrantAdministration, Office of Housing, amount calculated by multiplying the each development rather than maintain Department of Housing and Urban current market value or proceeds from agency equipment and staff employees Development, 451 7th Street, SW., sale by the awarding agency’s share of for that purpose at the COCC. Room 6130, Washington, DC 20410– the equipment. Subsequently, the COCC sold the tractor 8000, telephone (202) 708–3000. Granted By: Sandra B. Henriquez, for $5,480.62, which was no longer • Regulation: 24 CFR 891.808(a). Assistant Secretary for Public and needed for the operation of its projects. Project/Activity: Erbograph Indian Housing. The agency requested a waiver to Apartments Senior Housing, New York, Date Granted: February 19, 2010. reimburse HUD for its participation in NY, Project Number: 012–EE364/NY36– Reason Waived: The review of request those personal assets in excess of S071–010. found that the PHA presented good $5,000, provided the agency use the Nature of Requirement: Section cause for exemption to 24 CFR 85.32 sales proceeds for affordable housing 891.808(a) provides that a sponsor may and thereby agreed to waive the purposes. The agency wanted to use the transfer the fund reservation directly to requirement to reimburse HUD for its sale proceeds toward the unplanned the owner or to the general partner of participation in the property, with the purchase for the two replacement the owner, or the sponsor may be the following stipulations: (1) in the event sewers at the COCC. HUD found that the general partner of the mixed-finance that the property is sold after ten years agency presented good cause, and owner if the sponsor meets the of the date of this letter, any future sales waived, the requirement under 24 CFR applicable statutory and regulatory proceeds associated with the property 85.32(e)(2) in the case of personal requirements. must be used to support affordable property in excess of $5,000, to Granted by: David H. Stevens, housing; and (2) any sale of the property reimburse HUD for its participation in Assistant Secretary for Housing— prior to ten years from the date of this those assets, provided the agency use Federal Housing Commissioner. letter would be subject to a formal the sales proceeds for affordable Date Granted: January 14, 2010. disposition request under Section 18 of housing purposes as decided. Reason Waived: The waiver was the Housing Act of 1937. Additionally, Contact: Johnson Abraham, Acting granted to permit the capital advance HUD clarified that the agency has the Program Manager, NASS, Real Estate funds to flow from the sponsor through authority to assign the personal property Assessment Center, Office of Public and an intermediary third party before in the maintenance building to the Indian Housing, Department of Housing reaching the mixed-finance owner to Central Office Cost Center (COCC) of the and Urban Development, 550 12th satisfy IRS tax code and to allow the tax PHA. Street, SW., Suite 100, Washington, DC credits to flow to the limited partner. Contact: Johnson Abraham, Acting 20410–5000, telephone (202) 475–8736. Contact: Willie Spearmon, Director, Program Manager, NASS, Real Estate • Regulation: 24 CFR 85.32(e)(2). Office of Housing Assistance and Grant Assessment Center, Office of Public and Project/Activity: Everett Housing Administration, Office of Housing, Indian Housing, Department of Housing Authority, Everett, Washington. Department of Housing and Urban and Urban Development, 550 12th Nature of Requirement: HUD’s Development, 451 7th Street, SW., Street, SW., Suite 100, Washington, DC regulation at 24 CFR 85.32(e)(2) Room 6130, Washington, DC 20410– 20410–5000, telephone (202) 475–8736. provides that when original or 8000, telephone (202) 708–3000. • Regulation: 24 CFR 85.32(e)(2). replacement equipment acquired under III. Regulatory Waivers Granted by the Project/Activity: Housing Authority of a grant is no longer needed for the Office of Public and Indian Housing the City of Goldsboro, Goldsboro, North original project or program or for other Carolina. activities currently or previously For further information about the Nature of Requirement: HUD’s supported by a Federal agency, following regulatory waivers, please see regulation at 24 CFR 85.32(e)(2) disposition of the equipment will be the name of the contact person that provides that when original or made as follows: (1) Items of equipment immediately follows the description of replacement equipment acquired under with a current per unit fair market value the waiver granted. a grant is no longer needed for the of less than 5,000 may be retained, sold • Regulation: 24 CFR 85.6(c), 24 CFR original project or program or for other or otherwise disposed of with no further 85.32(e), 24 CFR 85.32(e)(2). activities currently or previously obligation to the awarding agency; and

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(2) Items of equipment with a current (CFRC) for the use of ARRA funds in the Nature of Requirement: HUD’s per unit fair market value in excess of redevelopment of public housing units. regulation at 24 CFR 941.606(n)(1)(ii)(B) $5,000 may be retained or sold and the Contact: Dominique Blom, Deputy requires that if an owner entity wants to awarding agency shall have a right to an Assistant Secretary for the Office of serve as general contractor; it may self- amount calculated by multiplying the Public Housing Investments, Office of award subject to demonstration to current market value or proceeds from Housing, Department of Housing and HUD’s satisfaction that its bid is the sale by the awarding agency’s share of Urban Development, 451 7th Street, lowest competitive offer. the equipment. SW., Room 4130, Washington, DC Granted by: Sandra B. Henriquez, Granted by: Sandra B. Henriquez, 20140, telephone (202) 402–4181. Assistant Secretary of Public and Indian Assistant Secretary for Public and • Regulation: 24 CFR Housing. Indian Housing. 941.606(n)(1)(ii)(B). Date Granted: February 19, 2010. Date Granted: March 9, 2010. Project/Activity: Phase II AD Price, Reason Waived: The regulation was Reason Waived: Under asset Buffalo, NY. waived on the basis of the independent management, and in accordance with Nature of Requirement: HUD’s cost estimate submitted by the HUD guidance, the agency has assigned regulation at 24 CFR 941.606(n)(1)(ii)(B) Fayetteville Metropolitan Housing various equipment no longer needed for requires that if an owner entity wants to Authority. the operation of any individual projects serve as general contractor; it may self- Contact: Dominique Blom, Deputy or AMPs to the COCC but are needed in award subject to demonstration to Assistant Secretary for the Office of the overall operation of the agency’s HUD’s satisfaction that its bid is the Public Housing Investments, Office of projects and programs. Of this lowest competitive offer. Public and Indian Housing, Department equipment, 15 items are valued in Granted by: Sandra B. Henriquez, of Housing and Urban Development, excess of $5,000. Accordingly, the Assistant Secretary of Public and Indian 451 7th Street, SW., Room 4130, agency requested a waiver of 24 CFR Housing. Washington, DC 20140–5000, telephone 85.32(e)(2) to reimburse HUD for its Date Granted: January 27, 2010. (202) 402–4181. participation in those personal assets in Reason Waived: The regulation was • Regulation: 24 CFR excess of $5,000, provided the agency waived on the basis of the independent 941.606(n)(1)(ii)(B). uses any future sales proceeds for cost estimate submitted by Buffalo Project/Activity: Red Oak Townhomes affordable housing purposes. HUD Municipal Housing Authority. (Grant: GA06URD264I102), Atlanta, GA found that the agency has presented Contact: Dominique Blom, Deputy Nature of Requirement: HUD’s good cause, in the case of the equipment Assistant Secretary for the Office of regulation at 24 CFR 941.606(n)(1)(ii)(B) in excess of $5,000, to reimburse the Public Housing Investments, Office of requires that if an owner entity wants to Department for its participation in those Public Housing, Department of Housing serve as general contractor; it may self- assets, provided the COCC uses this and Urban Development, 451 7th Street, award subject to demonstration to equipment for affordable housing SW., Room 4130, Washington, DC HUD’s satisfaction that its bid is the purposes. 20140–5000, telephone (202) 402–4181. lowest competitive offer. Granted by: Sandra B. Henriquez, Contact: Johnson Abraham, Acting • Regulation: 24 CFR Assistant Secretary of Public and Indian Program Manager, NASS, Real Estate 941.606(n)(1)(ii)(B). Housing. Assessment Center, Office of Public and Project/Activity: Sheridan Station, Indian Housing, Department of Housing Date Granted: March 5, 2010. Phase I (Grant: DC39URD001I107), Reason Waived: The regulation was and Urban Development, 550 12th Washington, DC. waived on the basis of the independent Street, SW., Suite 100, Washington, DC Nature of Requirement: HUD’s cost estimate submitted by the Housing 20410–5000, telephone (202) 475–8736. regulation at 24 CFR 941.606(n)(1)(ii)(B) Authority of Fulton County. • Regulation: 24 CFR 941.306(b) and requires that if an owner entity wants to Contact: Dominique Blom, Deputy (c). serve as general contractor; it may self- Assistant Secretary for the Office of Project/Activity: Park Avenue Block award subject to demonstration to Public Housing Investments, Office of 5B. HUD’s satisfaction that its bid is the Public and Indian Housing, Department Nature of Requirement: HUD’s lowest competitive offer. of Housing and Urban Development, regulations at 24 CFR 941.306(b) and (c) Granted by: Sandra B. Henriquez, 451 7th Street, SW., Room 4130, require that the construction of units be Assistant Secretary for Public and Washington, DC 20140–5000, telephone within the Total Development Costs Indian Housing (202) 402–4181. Date Granted: February 3, 2010. (TDC) and limit Housing Construction • Regulation: 24 CFR Reason Waived: The regulation was Costs (HCC). 941.606(n)(1)(ii)(B). Granted by: Deborah Hernandez for waived on the basis of the independent Project/Activity: Renaissance Preserve Sandra B. Henriquez, Assistant cost estimate submitted by the District Family Apartments (Grant: Secretary of Public and Indian Housing. of Columbia Housing Authority. FL14URD047I105), Fort Myers, FL. Date Granted: March 10, 2010. Contact: Dominique Blom, Deputy Nature of Requirement: HUD’s Reason Waived: The Housing Assistant Secretary for the Office of regulation at 24 CFR 941.606(n)(1)(ii)(B) Authority of the City of County of Public Housing Investments, Office of requires that if an owner entity wants to Denver received funds under the Public and Indian Housing, Department serve as general contractor; it may self- American Reinvestment and Recovery of Housing and Urban Development, award subject to demonstration to Act (ARRA) to meet the Green 451 7th Street, SW., Room 4130, HUD’s satisfaction that its bid is the Communities Criteria and complete 90 Washington, DC 20140–5000, telephone lowest competitive offer. mixed-income rental units, of which 30 (202) 402–4181. Granted by: Sandra B. Henriquez, will be public housing. A waiver of • Regulation: 24 CFR Assistant Secretary of Public and Indian TDC/HCC limits was allowed under the 941.606(n)(1)(ii)(B). Housing. ARRA and in the Notice of Funding Project/Activity: Delona Gardens and Date Granted: April 1, 2010. Availability (NOFA) for the Capital Campbell Terrace (Grant: Reason Waived: The regulation was Fund Recovery Competition Grants NC19URD009I107) Fayetteville, NC. waived on the basis of the independent

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cost estimate submitted by the Housing PCHRC to utilize the housing Reason Waived: The participant, who Authority of the City of Fort Myers. development for individuals with this is disabled, requires certain features in Contact: Dominique Blom, Deputy specific disability exclusively. The her unit to accommodate her Assistant Secretary for the Office of development was established to operate disabilities. To provide a reasonable Public Housing Investments, Office of in combination with a service provider accommodation so that this client can Public and Indian Housing, 451 7th that serves individuals with remain in her current unit and pay no Street, SW., Room 4130, Washington, developmental disabilities. more than 40 percent of her adjusted DC 20140–5000, telephone (202) 402– Contact: Renee Kneppar, Housing income toward the family share, the 4181. Program Specialist, Office of Public SFHRC was allowed to approve an • Regulation: 24 CFR 941.610(a) (1)– Housing Management and Occupancy exception payment standard that (a)(7). Division, Office of Public and Indian exceeded the basic range of 90 to 110 Project/Activity: Charlotte Housing Housing, Department of Housing and percent of the FMR. Authority (CHA), Charlotte, NC. Urban Development, 451 7th Street, Contact: Laure Rawson, Acting Nature of Requirement: HUD’s SW., Room 4214, Washington, DC Director, Housing Voucher Management regulation at 24 CFR 941.610(a)(1)–(a)(7) 20410–5000, telephone (202) 402–6263. and Operations Division, Office of requires HUD’s review and approval of • Regulation: 24 CFR 982.505(d). Public Housing and Voucher Programs, certain legal documents relating to Project/Activity: Lexington Housing Office of Public and Indian Housing, mixed-finance development before a Authority (LHA), Lexington, MA. Department of Housing and Urban closing can occur and public housing Nature of Requirement: HUD’s Development, 451 7th Street, SW., funds can be released. regulation at 24 CFR 982.505(d) states Room 4210, Washington, DC 20410– Granted by: Sandra B. Henriquez, that a public housing agency may only 5000, telephone (202) 708–0477. Assistant Secretary of Public and Indian approve a higher payment standard for • Regulation: 24 CFR 982.505(d). Housing. a family as a reasonable accommodation Project/Activity: Brattleboro Housing Date Granted: March 17, 2010. if the higher payment standard is within Authority (BHA), Brattleboro, VT. Reason Waived: To streamline the the basic range of 90 to 110 percent of Nature of Requirement: HUD’s review process and expedite closing, the fair market rent (FMR) for the unit regulation at 24 CFR 982.505(d) states CHA certified to the validity of certain size. that a public housing agency may only legal documents. HUD still performed a Granted by: Sandra B. Henriquez, approve a higher payment standard for standard development review of the Assistant Secretary for Public and a family as a reasonable accommodation project. Indian Housing if the higher payment standard is within Contact: Dominique Blom, Deputy Date Granted: January 15, 2010. the basic range of 90 to 110 percent of Assistant Secretary for the Office of Reason Waived: The applicant, who the fair market rent (FMR) for the unit Public Housing Investments, Office of has a disabled daughter, requires a size. Public and Indian Housing, Department wheelchair-accessible unit. To provide a Granted by: Sandra B. Henriquez, of Housing and Urban Development, reasonable accommodation so that this Assistant Secretary for Public and 451 7th Street, SW., Room 4130, client and her family can remain in her Indian Housing Washington, DC 20140–5000, telephone current unit and pay no more than 40 Date Granted: February 3, 2010. (202) 402–4181. percent of her adjusted income toward Reason Waived: The applicant, who is • Regulation 24 CFR 960.206(b)(3). the family share, the LHA was allowed disabled, requires certain features in her Project/Activity: Pennington County to approve an exception payment unit to accommodate her disabilities. To Housing and Redevelopment standard that exceeded the basic range provide a reasonable accommodation so Commission (PCHRC), 1805 West of 90 to 110 percent of the FMR. that this client could be assisted in a Fulton Street, suite 601, Rapid City, SD Contact: Laure Rawson, Acting unit that meets her needs and pay no 57702–4380. Director, Housing Voucher Management more than 40 percent of her adjusted Nature of Requirement: HUD’s and Operations Division, Office of income toward the family share, the regulation at 24 CFR 960.206(b)(3) states Public Housing and Voucher Programs, BHA was allowed to approve an that public housing agencies (PHAs) Office of Public and Indian Housing, exception payment standard that may adopt an admission preference for Department of Housing and Urban exceeded the basic range of 90 to 110 families that include a person with Development, 451 7th Street, SW., percent of the FMR. disabilities. However, PHAs may not Room 4210, Washington, DC 20410– Contact: Laure Rawson, Acting adopt a preference for persons with a 5000, telephone (202) 708–0477. Director, Housing Voucher Management specific disability. • Regulation: 24 CFR 982.505(d). and Operations Division, Office of Granted by: Sandra B. Henriquez, Project/Activity: Sioux Falls Housing Public Housing and Voucher Programs, Assistant Secretary for Public and and Redevelopment Commission Office of Public and Indian Housing, Indian Housing. (SFHRC), Sioux Falls, SD. Department of Housing and Urban Date Granted: February 23, 2010. Nature of Requirement: HUD’s Development, 451 7th Street, SW., Reason Waived: The waiver was regulation at 24 CFR 982.505(d) states Room 4210, Washington, DC 20410– granted to avoid the displacement and that a public housing agency may only 5000, telephone (202) 708–0477. possible homelessness of approve a higher payment standard for • Regulation: 24 CFR 982.505(d). developmentally disabled people in a family as a reasonable accommodation Project/Activity: Housing Authority of Pennington County, SD. A unique if the higher payment standard is within Thurston County (HATC), Thurston situation existed because the the basic range of 90 to 110 percent of County, WA. development for which the waiver was the fair market rent (FMR) for the unit Nature of Requirement: HUD’s sought had housed people with size. regulation at 24 CFR 982.505(d) states developmental disabilities exclusively Granted By: Sandra B. Henriquez, that a public housing agency may only since it opened in 1977. HUD’s Assistant Secretary for Public and approve a higher payment standard for regulations at the time of the Indian Housing a family as a reasonable accommodation development’s inception permitted the Date Granted: January 20, 2010. if the higher payment standard is within

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the basic range of 90 to 110 percent of and Operations Division, Office of Office of Public and Indian Housing, the fair market rent (FMR) for the unit Public Housing and Voucher Programs, Department of Housing and Urban size. Office of Public and Indian Housing, Development, 451 7th Street, SW., Granted by: Sandra B. Henriquez, Department of Housing and Urban Room 4210, Washington, DC 20410– Assistant Secretary for Public and Development, 451 7th Street, SW., 5000, telephone (202) 708–0477. Indian Housing. Room 4210, Washington, DC 20410– [FR Doc. 2010–15876 Filed 6–29–10; 8:45 am] Date Granted: February 23, 2010. 5000, telephone (202) 708–0477. Reason Waived: The applicant, who is BILLING CODE 4210–67–P • Regulation: 24 CFR 984.303(d). disabled, needs to remain in her current Project/Activity: Cumberland Housing two-bedroom unit where she has a Authority (CHA), Cumberland, Rhode rotating caregiver as well as other DEPARTMENT OF JUSTICE Island. support staff. To provide a reasonable Nature of Requirement: HUD’s Notice of Lodging of Consent Decree accommodation so that this client could regulation at 24 CFR 984.303(d) limits Under the Clean Water Act be assisted in her current unit and pay the extensions of FSS contracts by a no more than 40 percent of her adjusted Notice is hereby given that on June 2, public housing agency to 2 years beyond income toward the family share, the 2010, a proposed Consent Decree (the the initial 5-year term of the FSS HATC was allowed to approve an ‘‘Decree’’) in United States v. Colaska, contract. exception payment standard that Inc. d/b/a QAP, Civil Case No. 3:10–cv– Granted by: Sandra B. Henriquez, exceeded the basic range of 90 to 110 00116–RRB, was lodged with the United Assistant Secretary for Public and percent of the FMR. States District Court for the District of Contact: Laure Rawson, Acting Indian Housing. Alaska. Date Granted: March 30, 2010. Director, Housing Voucher Management In a complaint, filed on the same day, Reason Waived: CHA requested the and Operations Division, Office of the United States alleged that Colaska, waiver extend the FSS contract of an Public Housing and Voucher Programs, Inc., (‘‘Colaska’’) was liable, pursuant to FSS participant for 1 month beyond the Office of Public and Indian Housing, Section 309(b) and (d) of the Clean maximum term to permit him to Department of Housing and Urban Water Act, 33 U.S.C. 1319(b) and (d), for complete his final goal of being welfare Development, 451 7th Street, SW., civil penalties and injunctive relief for free for 12 months. The waiver was Room 4210, Washington, DC 20410– violating the Act’s requirements granted because the participant was 5000, telephone (202) 708–0477. governing the discharge of storm water impeded by illness, involuntary job loss, • Regulation: 24 CFR 983.51, at a road and bridge construction site in and complications of gaining full Anchorage, Alaska during the summer 983.204(b) and 983.206(b). custody of his daughter. Good cause was Project/Activity: New York City of 2005, in violation of Section 402 of found to waive the maximum 2-year Housing (NYCHA), New York, NY. the Act, 33 U.S.C. 1342. Nature of Requirement: HUD’s contract extension for this participant. Pursuant to the Decree, Colaska will Contact: Laure Rawson, Acting regulation at 24 CFR 983.51 requires (1) pay a civil penalty of $50,000, and Director, Housing Voucher Management competitive selection of owner (2) undertake various actions which and Operations Division, Office of proposals for project-based vouchers shall adequately train critical Public Housing and Voucher Programs, unless the units were competitively employees, and increase the frequency Office of Public and Indian Housing, selected under a similar competitive and quality of inspections at active Department of Housing and Urban process as described in the regulation. projects, and ensure compliance with Development, 451 7th Street, SW., HUD’s regulation at 24 CFR 983.204(b) storm water regulations. Room 4210, Washington, DC 20410– states that in the case of existing The Department of Justice will 5000, telephone (202) 708–0477. housing, the housing assistance receive, for a period of thirty (30) days • payments (HAP) contract must be Regulation: 24 CFR 984.303(d). from the date of this publication, executed promptly after PHA selection Project/Activity: Sonoma County comments relating to the Decree. of the owner proposal and PHA Housing Authority (SCHA), Santa Rosa, Comments should be addressed to the inspection of the housing. HUD’s CA. Assistant Attorney General, regulation at 24 CFR 983.206(b) allows Nature of Requirement: HUD’s Environment and Natural Resources the PHA to add units to an existing PBV regulation at 24 CFR 984.303(d) limits Division, and either e-mailed to HAP contract only during the three-year the extensions of FSS contracts by a [email protected] or period immediately following the public housing agency to 2 years beyond mailed to P.O. Box 7611, U.S. execution date of that contract. the initial 5-year term of the FSS Department of Justice, Washington, DC Granted by: Sandra B. Henriquez, contract. 20044–7611, and should refer to United Assistant Secretary for Public and Granted by: Sandra B. Henriquez, States v. Colaska, Inc., d/b/a QAP, D.J. Indian Housing Assistant Secretary for Public and Ref. 90–5–1–1–08977/2. Date Granted: February 25, 2010. Indian Housing During the public comment period, Reason Waived: These waivers were Date Granted: February 03, 2010. the Decree may be examined on the granted to ensure the preservation of Reason Waived: SCHA provided following Department of Justice Web affordable housing by allowing the evidence that the participant worked site, http://www.usdoj.gov/enrd/ mixed-finance modernization of up to diligently against substantial odds to Consent_Decrees.html. A copy of the 18,000 units, and by providing a meet goals of FSS contract. Failure to Decree may also be obtained by mail guarantee that 2,236 units currently complete within contract term was due from the Consent Decree Library, P.O. occupied by families with tenant to serious illness as well as job market Box 7611, U.S. Department of Justice, protection tenant-based vouchers would conditions during severe economic Washington, DC 20044–7611 or by remain available for very low income downturn in California. faxing or e-mailing a request to Tonia families upon turnover through the Contact: Laure Rawson, Acting Fleetwood ([email protected]), project-based voucher program. Director, Housing Voucher Management fax no. (202) 514–0097, phone Contact: Laure Rawson, Acting and Operations Division, Office of confirmation number (202) 514–1547. In Director, Housing Voucher Management Public Housing and Voucher Programs, requesting a copy from the Consent

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Decree Library, please enclose a check site, http://www.usdoj.gov/enrd/ of Management Systems, Bureau of in the amount of $7.75 (25 cents per Consent_Decrees.html. A copy of the Labor Statistics, Room 4080, 2 page reproduction cost) payable to the Decree may also be obtained by mail Massachusetts Avenue, NE., U.S. Treasury or, if by e-mail or fax, from the Consent Decree Library, P.O. Washington, DC 20212. Written forward a check in that amount to the Box 7611, U.S. Department of Justice, comments also may be transmitted by Consent Decree Library at the stated Washington, DC 20044–7611 or by fax to 202–691–5111 (this is not a toll address. faxing or e-mailing a request to Tonia free number). Maureen Katz, Fleetwood ([email protected]), FOR FURTHER INFORMATION CONTACT: fax no. (202) 514–0097, phone Carol Rowan, BLS Clearance Officer, at Assistant Section Chief, Environmental Enforcement Section, Environment and confirmation number (202) 514–1547. In 202–691–7628 (this is not a toll free Natural Resources Division. requesting a copy from the Consent number). (See ADDRESSES section.) [FR Doc. 2010–15808 Filed 6–29–10; 8:45 am] Decree Library, please enclose a check SUPPLEMENTARY INFORMATION: in the amount of $7.75 (25 cents per BILLING CODE 4410–15–P page reproduction cost) payable to the I. Background U.S. Treasury or, if by e-mail or fax, The ATUS is the Nation’s first DEPARTMENT OF JUSTICE forward a check in that amount to the federally administered, continuous Consent Decree Library at the stated survey on time use in the United States. Notice of Lodging of Consent Decree address. It measures, for example, time spent Under the Clean Water Act with children, working, sleeping, or Maureen Katz, doing leisure activities. In the United Notice is hereby given that on June 2, Assistant Section Chief, Environmental States, several existing Federal surveys 2010, a proposed Consent Decree (the Enforcement Section, Environment and collect income and wage data for ‘‘Decree’’) in United States v. Granite Natural Resources Division. individuals and families, and analysts Construction Company, successor-in- [FR Doc. 2010–15809 Filed 6–29–10; 8:45 am] often use such measures of material interest to Wilder Construction BILLING CODE 4410–15–P prosperity as proxies for quality of life. Company, Civil Case No. 3:10-cv- Time-use data substantially augment 00117–RRB, was lodged with the United these quality-of-life measures. The data States District Court for the District of DEPARTMENT OF LABOR also can be used in conjunction with Alaska. wage data to evaluate the contribution In a complaint filed on the same day, Bureau of Labor Statistics of non-market work to national the United States alleged that Granite economies. This enables comparisons of Proposed Collection, Comment Construction Company (‘‘Granite’’) was production between nations that have Request liable, pursuant to Section 309(b) and different mixes of market and non- (d) of the Clean Water Act, 33 U.S.C. ACTION: Notice. market activities. 1319(b) and (d), for civil penalties and The ATUS develops nationally injunctive relief for violating the Act’s SUMMARY: The Department of Labor, as representative estimates of how people requirements governing the discharge of part of its continuing effort to reduce spend their time. Respondents also storm water at two road and bridge paperwork and respondent burden, report who was with them during construction sites in Soldotna and conducts a pre-clearance consultation activities, where they were, how long Anchorage, Alaska, during 2006, in program to provide the general public each activity lasted, and if they were violation of Section 402 of the Act, 33 and Federal agencies with an paid. All of this information has U.S.C. 1342. opportunity to comment on proposed numerous practical applications for Pursuant to the Decree, Granite will and/or continuing collections of sociologists, economists, educators, (1) pay a civil penalty of $250,000, and information in accordance with the government policymakers, (2) undertake various actions which Paperwork Reduction Act of 1995 businesspersons, health researchers, and shall adequately train critical (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This others, potentially answering the employees, and increase the frequency program helps to ensure that requested following questions: • and quality of inspections at active data can be provided in the desired Do the ways people use their time projects, and ensure compliance with format, reporting burden (time and vary across demographic and labor force storm water regulations. financial resources) is minimized, characteristics, such as age, sex, race, The Department of Justice will collection instruments are clearly ethnicity, employment status, earnings, receive, for a period of thirty (30) days understood, and the impact of collection and education? from the date of this publication, • requirements on respondents can be How much time do parents spend comments relating to the Decree. properly assessed. The Bureau of Labor in the company of their children, either Comments should be addressed to the Statistics (BLS) is soliciting comments actively providing care or being with Assistant Attorney General, concerning the proposed revision to the them while socializing, relaxing, or Environment and Natural Resources ‘‘American Time Use Survey (ATUS).’’ A doing other things? Division, and either e-mailed to • copy of the proposed information How are earnings related to leisure [email protected] or collection request (ICR) can be obtained time—do those with higher earnings mailed to P.O. Box 7611, U.S. by contacting the individual listed spend more or less time relaxing and Department of Justice, Washington, DC below in the Addresses section of this socializing? 20044–7611, and should refer to United • Where do people work—at a notice. States v. Granite Construction workplace, in their homes, or someplace Company, successor-in-interest to DATES: Written comments must be else? Wilder Construction Company, D.J. Ref. submitted to the office listed in the The ATUS data are collected on an 90–5–1–1–08977/1. Addresses section of this notice on or ongoing, monthly basis, so time series During the public comment period, before August 30, 2010. data will eventually become available, the Decree may be examined on the ADDRESSES: Send comments to Carol allowing analysts to identify changes in following Department of Justice Web Rowan, BLS Clearance Officer, Division how people spend their time.

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II. Current Action 7 days, and their ability to vary their Estimated Total Burden Hours: 3,520 Office of Management and Budget work schedules instead of taking leave. hours per year for the main ATUS and clearance is being sought for the ATUS. Data from the Leave module will 4,620 hours per year when the Leave This survey collects information on how provide a richer description of work. module is included. Total Burden Cost (capital/startup): individuals in the United States use The data will provide information about $0. their time. Collection is done on a the types of leave available to workers, the reasons for which workers are able Total Burden Cost (operating/ continuous basis with the sample drawn maintenance): $0. monthly. The survey sample is drawn to take leave, their leave activity, and information about whether workers can Comments submitted in response to from households completing their final this notice will be summarized and/or month of interviews for the Current adjust their schedules to balance personal and work obligations instead of included in the request for Office of Population Survey (CPS). Households Management and Budget approval of the are selected to ensure a representative taking leave. The module will also provide more information about the information collection request; they also demographic sample, and one will become a matter of public record. individual from each household is relationship between workers’ use of selected to take part in one Computer leave and their use of time. Signed at Washington, DC, this 24th day of June 2010. Assisted Telephone Interview. In this Because the ATUS sample is a subset interview, respondents are asked to of households completing interviews for Kimberley Hill, report all of their activities for one pre- the CPS, the same demographic Chief, Division of Management Systems, Bureau of Labor Statistics. assigned 24-hour day, which is the day information collected from that survey prior to the interview. A short series of is available for ATUS respondents. [FR Doc. 2010–15865 Filed 6–29–10; 8:45 am] summary questions and CPS updates Comparisons of activity patterns across BILLING CODE 4510–24–P follows the core time diary collection. characteristics such as sex, race, age, After each full year of collection, annual disability status, and education of the DEPARTMENT OF LABOR national estimates of time use for an respondent, as well as the presence of children and the number of adults living average weekday or weekend day are Bureau of Labor Statistics available. in the respondent’s household, are Beginning in January 2011, it is possible. Proposed Collection, Comment proposed that questions about eldercare III. Desired Focus of Comments Request be added to the ATUS to replace The Bureau of Labor Statistics is questions currently asked about missed ACTION: Notice. particularly interested in comments days. The eldercare questions are that: SUMMARY: The Department of Labor, as designed to collect data on who is • Evaluate whether the proposed providing unpaid eldercare, the time part of its continuing effort to reduce collection of information is necessary paperwork and respondent burden, they spend providing this care, and the for the proper performance of the types of eldercare activities they do. The conducts a pre-clearance consultation functions of the agency, including program to provide the general public proposed addition of eldercare whether the information will have questions will be a permanent change to and Federal agencies with an practical utility. opportunity to comment on proposed the ATUS. Eldercare is a topic that • Evaluate the accuracy of the and/or continuing collections of aligns closely with the ATUS goal of agency’s estimate of the burden of the collecting information about time spent information in accordance with the proposed collection of information, Paperwork Reduction Act of 1995 in unpaid, productive activities, and it including the validity of the is a topic of interest to researchers, (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This methodology and assumptions used. program helps to ensure that requested particularly because the U.S. population • Enhance the quality, utility, and is aging. data can be provided in the desired clarity of the information to be format, reporting burden (time and The proposed eldercare questions will collected. replace questions about missed days. • financial resources) is minimized, Minimize the burden of the collection instruments are clearly The missed-days questions ask collection of information on those who respondents for information about the understood, and the impact of collection are to respond, including through the requirements on respondents can be number of days they were away from use of appropriate automated, home in the month before the interview properly assessed. The Bureau of Labor electronic, mechanical, or other Statistics (BLS) is soliciting comments and the reasons why they were away. technological collection techniques or The data from these questions are concerning the proposed new collection other forms of information technology, of the ‘‘Forms Design and Pilot Testing under-used and BLS is not aware of any e.g., permitting electronic submissions publications that have used them. It is for the BLS Green Practices and of responses. Processes Project.’’ A copy of the proposed that the missed-days questions Type of Review: Revision of a be permanently dropped from the proposed information collection request currently approved collection. (ICR) can be obtained by contacting the survey. Agency: Bureau of Labor Statistics. individual listed below in the Also beginning in January 2011, Title: American Time Use Survey. questions sponsored by the Department OMB Number: 1220–0175. ADDRESSES section of this notice. of Labor’s Women’s Bureau about Affected Public: Individuals or DATES: Written comments must be workers’ access to and use of leave are households. submitted to the office listed in the proposed to be added to the ATUS as a Total Respondents: 13,200 per year. ADDRESSES section of this notice on or Leave module. These questions will be Frequency: Monthly. before August 30, 2010. included for 12 months (through Total Responses: 13,200. ADDRESSES: Send comments to Carol December 2011). The questions will ask Average Time Per Response: 16 Rowan, BLS Clearance Officer, Division employed wage and salary workers minutes for the main ATUS interview, of Management Systems, Bureau of about their access to paid and unpaid with an additional 5 minutes for the Labor Statistics, Room 4080, 2 leave, their use of leave in the previous proposed Leave module. Massachusetts Avenue, NE.,

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Washington, DC 20212. Written provide information on environmentally • Evaluate whether the proposed comments also may be transmitted by friendly production processes collection of information is necessary fax to 202–691–5111 (this is not a toll implemented by businesses across all for the proper performance of the free number). industries; collecting information on the functions of the agency, including FOR FURTHER INFORMATION CONTACT: presence of those activities; and whether the information will have Carol Rowan, BLS Clearance Officer, at collecting the number, occupation, and practical utility. 202–691–7628 (this is not a toll free wages paid to employees of the • Evaluate the accuracy of the number). establishment performing those agency’s estimate of the burden of the SUPPLEMENTARY INFORMATION: activities. This research is necessary for proposed collection of information, BLS to develop, design, and test survey including the validity of the I. Background forms to produce objective and reliable methodology and assumptions used. The Occupational Employment information on these practices. • Enhance the quality, utility, and Statistics Program (OES) program has II. Current Action clarity of the information to be been funded to collect and produce collected. objective and reliable information on Office of Management and Budget • Minimize the burden of the occupational employment and wages for clearance is being sought for the ‘‘Forms collection of information on those who green jobs at the establishment level. Design and Pilot Testing for the BLS are to respond, including through the This information collection will be Green Practices and Processes Project.’’ use of appropriate automated, conducted through special topic surveys It is the goal of BLS and its OES electronic, mechanical, or other on the green economy. This work is program to produce economic statistics technological collection techniques or necessary to meet the publication on employment related to use of other forms of information technology, objective outlined in the President’s environmentally friendly processes e.g., permitting electronic submissions FY2010 budget proposal. across the U.S. economy. Using its of responses. The Bureau of Labor Statistics (BLS) business establishment register, the OES Type of Review: New collection. presented its approach to measuring program intends to survey Agency: Bureau of Labor Statistics. establishments about these activities green jobs and the proposed definition Title: Forms Design and Pilot Testing and the associated employment. The of green jobs in a March 16th, 2010, for the BLS Green Practices and survey will identify employers Federal Register Notice (75 FR 12571). Processes Project. The measurement approach includes performing green activities, determine OMB Number: 1220–NEW. two types of surveys: One on jobs whether they have any employees related to producing green goods and performing tasks associated with these Affected Public: Private sector services, and one on jobs related to activities, gather information to classify businesses or other for-profits; not-for- using environmentally friendly those employees according to the profit institutions, small businesses or production processes and practices. Standard Occupational Classification organizations; State and local The latter approach will be (SOC) system, and collect wage rate governments. accomplished through a special information. Total Respondents: 2,200. employer survey. The proposed research Frequency: One time. is to assist BLS in developing and III. Desired Focus of Comments Total Responses: 2,450. testing this survey. This project includes The Bureau of Labor Statistics is Average Time per Response: 21 developing survey forms and particularly interested in comments minutes. information collection protocols to that: Estimated Total Burden Hours:

Average Estimated Total Total time per total Form respondents Frequency responses response burden (min) (hours)

Forms Panel testing ...... 1700 One time 1,700 20 567 Web Panel ...... 500 One time 500 20 167 Follow-up interviews ...... One time 250 30 125

Totals ...... 2,200 ...... 2,450 ...... 858

The respondents contacted for the Comments submitted in response to NUCLEAR REGULATORY follow-up interviews are a subset of the this notice will be summarized and/or COMMISSION respondents contacted during the forms included in the request for Office of panel testing. About 250 respondents Management and Budget approval of the [Docket No. NRC–2010–0153] will be contacted twice, once during the information collection request; they also panel testing and a second time for the will become a matter of public record. Agency Information Collection Activities: Submission for the Office of follow-up interview. This is reflected in Signed at Washington, DC, this 24th day of Management and Budget (OMB) the difference between the total number June 2010. Review; Comment Request of respondents and the total number of Kimberley Hill, responses. Chief, Division of Management Systems, AGENCY: U.S. Nuclear Regulatory Total Burden Cost (capital/startup): Bureau of Labor Statistics. Commission (NRC). $0. [FR Doc. 2010–15869 Filed 6–29–10; 8:45 am] ACTION: Notice of the OMB review of Total Burden Cost (operating/ BILLING CODE 4510–24–P information collection and solicitation maintenance): $0. of public comment.

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SUMMARY: The NRC has recently NRC Form 136: 50. NUCLEAR REGULATORY submitted to OMB for review the NRC Form 237: 84. COMMISSION following proposal for the collection of information under the provisions of the NRC Form 277: 10. [Docket No. NRC–2010–0214] Paperwork Reduction Act of 1995 (44 10. Abstract: The NRC Form 136 is Agency Information Collection U.S.C. ch. 35). The NRC hereby informs completed by NRC employees, potential respondents that an agency Activities: Proposed Collection; licensees, and contractors that are Comment Request may not conduct or sponsor, and that a leaving the NRC. NRC Form 237 is person is not required to respond to, a completed by NRC contractors, AGENCY: U.S. Nuclear Regulatory collection of information unless it subcontractors, licensee employees, Commission (NRC). displays a currently valid OMB control employees of other government ACTION: Notice of pending NRC action to number. The NRC published a Federal agencies, and other individuals who are submit an information collection Register notice with a 60-day comment not NRC employees that require an NRC request to the Office of Management and period on this information collection on access authorization. NRC Form 277 Budget (OMB) and solicitation of public April 16, 2010. comment. 1. Type of submission, new, revision, affects NRC contractor and licensees who have been granted and NRC access or extension: Revision. SUMMARY: authorization and require verification of The NRC invites public 2. The title of the information comment about our intention to request that access authorization and need-to- collection: the OMB’s approval for renewal of an know in conjunction with a visit to NRC Form 136, ‘‘Security Termination existing information collection that is Statement’’. NRC, other contractors/licensees or summarized below. We are required to NRC Form 237, ‘‘Request for Access government agencies in which access to publish this notice in the Federal Authorization’’. classified information will be involved Register under the provisions of the NRC Form 277, ‘‘Request for Visit or or unescorted area access is desired. Paperwork Reduction Act of 1995 (44 Access Authorization’’. A copy of the final supporting U.S.C. Chapter 35). 3. Current OMB approval number: statement may be viewed free of charge Information pertaining to the 3150–0049, NRC Form 136. at the NRC Public Document Room, One requirement to be submitted: 3150–0050, NRC Form 237. White Flint North, 11555 Rockville 1. The title of the information 3150–0051, NRC Form 277. Pike, Room O–1 F21, Rockville, MD collection: 10 CFR Part 34, ‘‘Licenses for Radiography and Radiation Safety 4. The form number if applicable: 20852. OMB clearance requests are available at the NRC worldwide Web Requirements for Radiographic NRC Form 136. site: http://www.nrc.gov/public-involve/ Operations.’’ NRC Form 237. 2. Current OMB approval number: NRC Form 277. doc-comment/omb/index.html. The document will be available on the NRC 3150–0007 5. How often the collection is home page site for 60 days after the 3. How often the collection is required: signature date of this notice. required: Applications for new licenses NRC Form 136: Routinely. and amendments may be submitted at NRC Form 237 and 277: On occasion. Comments and questions should be any time. Applications for renewal are 6. Who will be required or asked to directed to the OMB reviewer listed submitted every 10 years. Reports are report: NRC Form 136, NRC employees, below by July 30, 2010. Comments submitted as events occur. licensees and contractors. NRC Form received after this date will be 4. Who is required or asked to report: 237, NRC contractors, subcontractors, considered if it is practical to do so, but Applicants for and holders of specific licensee employees, employees of other assurance of consideration cannot be licenses authorizing the use of licensed government agencies, and other given to comments received after this radioactive material for radiography. individuals who are not NRC date. 5. The number of annual respondents: employees. NRC Form 277, Any 745 (647 Agreement State licensees plus Christine J. Kymn, Desk Officer, Office 98 NRC licensees). employees of approximately 68 of Information and Regulatory Affairs licensees and 7 contracts who hold an 6. The number of hours needed (3150–0049; 0050; 0051), NEOB– annually to complete the requirement or NRC access authorization and need to 10202, Office of Management and make a visit to NRC, other contractor/ request: 284,868 hours (503 reporting + Budget, Washington, DC 20503. licensees or government agencies in 284,365 recordkeeping). The NRC which access to classified information Comments can also be e-mailed to licensees’ total burden is 37,681 hours will be involved or unescorted area [email protected] or (69 reporting plus 37,612 access is desired. submitted by telephone at (202) 395– recordkeeping). The Agreement State 7. The estimated number of annual 4638. licensees’ total burden is 247,187 hours responses: (434 reporting plus 246,753 The NRC Clearance Officer is recordkeeping). NRC Form 136: 300. Tremaine Donnell, (301) 415–6258. NRC Form 237: 420. 7. Abstract: 10 CFR part 34 establishes NRC Form 277: 60. Dated at Rockville, Maryland, this 24th day radiation safety requirements for the use of June, 2010. of radioactive material in industrial 8. The estimated number of annual For the Nuclear Regulatory Commission. radiography. The information in the respondents: applications, reports and records is used Tremaine Donnell, NRC Form 136: 300. by the NRC staff to ensure that the NRC Form 237: 420. NRC Clearance Officer, Office of Information health and safety of the public is NRC Form 277: 60. Services. protected and that licensee possession 9. An estimate of the total number of [FR Doc. 2010–15884 Filed 6–29–10; 8:45 am] and use of source and byproduct hours needed annually to complete the BILLING CODE 7590–01–P material is in compliance with license requirement or request: and regulatory requirements.

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Submit, by August 30, 2010, NUCLEAR REGULATORY II. Further Information comments that address the following COMMISSION In September 2009, DG–2001 was questions: [NRC–2009–0396] published with a public comment 1. Is the proposed collection of period of 60 days from the issuance of information necessary for the NRC to Notice of Issuance of Regulatory Guide the guide. The staff’s response to the public comment received is located in properly perform its functions? Does the AGENCY: Nuclear Regulatory the NRC’s Agencywide Documents information have practical utility? Commission. Access and Management System 2. Is the burden estimate accurate? ACTION: Notice of Issuance and (ADAMS) under Accession Number 3. Is there a way to enhance the Availability of Regulatory Guide 2.5, ML100120426. The regulatory analysis ‘‘ quality, utility, and clarity of the Revision 1, Quality Assurance Program may be found in ADAMS under information to be collected? Requirements for Research and Test Accession No. ML101650030. Electronic Reactors’’. 4. How can the burden of the copies of Regulatory Guide 2.5, Revision information collection be minimized, FOR FURTHER INFORMATION CONTACT: R. 1 are available through the NRC’s public including the use of automated A. Jervey, Regulatory Guide Web site under ‘‘Regulatory Guides’’ at collection techniques or other forms of Development Branch, Division of http://www.nrc.gov/reading-rm/doc- information technology? Engineering, Office of Nuclear collections/. In addition, regulatory guides are A copy of the draft supporting Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, available for inspection at the NRC’s statement may be viewed free of charge Public Document Room (PDR) located at at the NRC Public Document Room, One DC 20555–0001, telephone (301) 251– 7404 or e-mail [email protected]. Room O–1F21, One White Flint North, White Flint North, 11555 Rockville 11555 Rockville Pike, Rockville, SUPPLEMENTARY INFORMATION: Pike, Room O–1 F21, Rockville, Maryland 20852–2738. The PDR’s Maryland 20852. OMB clearance I. Introduction mailing address is USNRC PDR, requests are available at the NRC The U.S. Nuclear Regulatory Washington, DC 20555–0001. The PDR worldwide Web site: http:// Commission (NRC) is issuing a revision can also be reached by telephone at www.nrc.gov/public-involve/doc- to an existing guide in the agency’s (301) 415–4737 or (800) 397–4209, by comment/omb/index.html. The ‘‘Regulatory Guide’’ series. This series fax at (301) 415–3548, and by e-mail to document will be available on the NRC was developed to describe and make [email protected]. home page site for 60 days after the available to the public information, such Regulatory guides are not signature date of this notice. Comments as methods that are acceptable to the copyrighted, and NRC approval is not submitted in writing or in electronic NRC staff for implementing specific required to reproduce them. form will be made available for public parts of the agency’s regulations, Dated at Rockville, Maryland, this 22nd inspection. Because your comments will techniques that the staff uses in day of June, 2010. not be edited to remove any identifying evaluating specific problems or For the Nuclear Regulatory Commission. or contact information, the NRC postulated accidents, and data that the Andrea D. Valentin, cautions you against including any staff needs in its review of applications Chief, Regulatory Guide Development Branch, information in your submission that you for permits and licenses. Division of Engineering, Office of Nuclear do not want to be publicly disclosed. Regulatory Guide 2.5, Revision 1, Regulatory Research. Comments submitted should reference ‘‘Quality Assurance Program [FR Doc. 2010–15883 Filed 6–29–10; 8:45 am] Docket No. NRC–2010–0214. You may Requirements for Research and Test BILLING CODE 7590–01–P submit your comments by any of the Reactors’’ was issued with a temporary following methods. Electronic identification as Draft Regulatory Guide, DG–2001, in September 2009. The comments: Go to http:// PENSION BENEFIT GUARANTY Regulatory Guide endorses guidance www.regulations.gov and search for CORPORATION ‘‘ Docket No. NRC–2010–0214. Mail within ANSI/ANS–15.8, Quality Assurance Program Requirements for comments to NRC Clearance Officer, Privacy Act of 1974; Systems of Research Reactors,’’ issued in September Tremaine Donnell (T–5 F53), U.S. Records 1995, and reaffirmed in September Nuclear Regulatory Commission, 2005. AGENCY: Pension Benefit Guaranty Washington, DC 20555–0001. Questions The American National Standards Corporation. about the information collection Institute (ANSI) and the American ACTION: Notice of changes to systems of requirements may be directed to the Nuclear Society (ANS) issued ANSI/ records and addition of routine use. NRC Clearance Officer, Tremaine ANS–15.8 in August 1976. The NRC Donnell (T–5 F53), U.S. Nuclear subsequently endorsed this guidance in SUMMARY: The Pension Benefit Guaranty Regulatory Commission, Washington, Revision 0 to Regulatory Guide 2.5, Corporation (PBGC) is proposing a new DC 20555–0001, by telephone at 301– ‘‘Quality Assurance Program routine use applicable to all of its 415–6258, or by e-mail to Requirements for Research Reactors,’’ in existing systems of records maintained [email protected]. October 1977. Because of significant pursuant to the Privacy Act of 1974, as amended (5 U.S.C. 552a), adding a new Dated at Rockville, Maryland, this 18th day changes made to management programs of June 2010. and to the expected level of detail and routine use to an existing system of documentation of program elements for records, and is amending its systems of For the Nuclear Regulatory Commission, nonpower (research and test) reactors, records to make technical and clarifying Tremaine Donnell, ANSI/ANS–15.8–1995 was issued, and changes. NRC Clearance Officer, Office of Information later reaffirmed in September 2005, to DATES: Comments on the proposed Services. incorporate the acknowledged routine uses must be received on or [FR Doc. 2010–15888 Filed 6–29–10; 8:45 am] enhancements to quality assurance before July 30, 2010. The routine uses BILLING CODE 7590–01–P programs. and amendments to PBGC’s system of

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records will become effective August 9, of the PBGC—PBGC (last published at President’s Identity Theft Task Force’s 2010, without further notice, unless 60 FR 57464 (Nov. 15, 1995), PBGC–2, Strategic Plan (April 11, 2007), comments results in a contrary Disbursements—PBGC (last published at published at http:// determination and a notice is published 60 FR 57464 (Nov. 15, 1995), PBGC–3, www.identitytheft.gov/reports/ to that effect. Employee Payroll, Leave and StrategicPlan.pdf. ADDRESSES: You may submit written Attendance Records—PBGC (last The Privacy Act authorizes PBGC to comments to PBGC by any of the updated at 61 FR 18184 (April 24, adopt routine uses that are consistent following methods: 1996)), PBGC–4, Employee Travel with the purpose for which information • Federal eRulemaking Portal: http:// Records—PBGC (last published at 60 FR is collected. 5 U.S.C. 552a(a)(7) and www.regulations.gov. Follow the Web 57465 (Nov. 15, 1995)), PBGC–5, (b)(3). OMB, in its initial Privacy Act site instructions for submitting Personnel Files—PBGC, (last published guidance, also recognized routine uses comments. at 60 FR 57466 (Nov. 15, 1995)), PBGC– that are necessary and proper for the • E-mail: [email protected]. 6, Plan Participant and Beneficiary • efficient conduct of the government and Fax: 202–326–4224. Data—PBGC (last updated at 68 FR in the best interest of both the • Mail or Hand Delivery: Legislative 12389 (March 14, 2003)), PBGC–8, individual and the public. 40 FR 28948, and Regulatory Department, Pension Employee Relations Files—PBGC (last 28953 (July 9, 1975). A routine use to Benefit Guaranty Corporation, 1200 K published at 60 FR 57467 (Nov. 15, provide for disclosure in connection Street, NW., Washington, DC 20005– 1995)), PBGC–9, Plan Participant and 4026. with response and remedial efforts in Beneficiary Address Identification the event of a breach of federal data Comments received, including personal File—PBGC (last published at 60 FR would qualify as a necessary and proper information provided, will be posted to 57468 (Nov. 15, 1995)), PBGC–10, use of information. Proposed routine http://www.pbgc.gov. Copies of Administrative Appeals File—PBGC use G9 will apply to all systems of comments may also be obtained by (last published at 60 FR 57469 (Nov. 15, records. writing to Disclosure Division, Office of 1995)), PBGC–11, Call Detail Records— General Counsel, Pension Benefit PBGC (last published at 60 FR 57469 Revising Routine Uses in PBGC System Guaranty Corporation, 1200 K Street, (Nov. 15, 1995)), PBGC–12, Security of Records PBGC–3 and PBGC–6 NW., Washington, DC 20005–4026, or Investigation Records—PBGC (last PBGC–3 calling 202–326–4040 during normal updated at 66 FR 17587 (April 2, 2001)), business hours. (TTY and TDD users PBGC–13, Debt Collection—PBGC (last For PBGC–3, PBGC is deleting a may call the Federal relay service toll- updated at 65 FR 25398 (May 1, 2000)), routine use for disclosure to the free at 1–800–877–8339 and ask to be PBGC–14, My Plan Administration Department of Labor that is no longer connected to 202–326–4040.) Account Authentication Records— necessary. FOR FURTHER INFORMATION CONTACT: PBGC (last published at 68 FR 74656 PBGC–6 Margaret E. Drake, Attorney, Pension (Dec. 24, 2003)), PBGC–15, Emergency Benefit Guaranty Corporation, Office of Notification Records—PBGC (last PBGC is proposing to revise routine the General Counsel, 1200 K Street, published at 70 FR 30497 (May 26, use 9 under its system of records NW., Washington, DC 20005–4026, 202– 2005)), PBGC–16, Employee Online entitled PBGC–6, Plan Participant and 326–4400, extension 3228 (TTY and Directory—PBGC (last published at 73 Beneficiary Data—PBGC that was last TDD users may call the Federal relay FR 51024 (Aug. 29, 2008)), and PBGC– revised at 68 FR 12389, 12390 (Mar. 14, service toll-free at 1–800–877–8339 and 17, Office of Inspector General 2003). The revised routine use will ask to be connected to 202–326–4400). Investigative File System—PBGC (last permit PBGC to periodically disclose For access to any of the PBGC’s systems published at 74 FR 14168 (March 30, the names and addresses of participants of records, contact E. William 2009)). and beneficiaries to licensees of the FitzGerald, Disclosure Officer, Office of General Routine Uses United States Postal Service (USPS) to the General Counsel, Disclosure PBGC is proposing to amend its update the address records from change- Division, at the above address, 202– Prefatory Statement of General Routine of-address information submitted to 326–4040. (These are not toll-free Uses by establishing a new general USPS by customers who are relocating. numbers.) routine use that will apply to all its The existing routine use limits SUPPLEMENTARY INFORMATION: PBGC is systems of records. PBGC’s Prefatory disclosure of names and addresses to proposing to alter each of its systems of Statement of General Routine Uses was USPS licensees when ‘‘mail sent to the records maintained pursuant to the last published at 60 FR 57462, 57563– individual at the last known address is Privacy Act of 1974, as amended, by 57564 (Nov. 15, 1995). returned as undeliverable.’’ establishing a new general routine use Proposed routine use G9 will permit This revision is necessary because of and adding a new routine use to an PBGC to respond effectively to a a change in USPS mailing standards that existing system of records, PBGC–6, suspected or confirmed data breach by require bulk mailers such as PBGC to Plan Participant and Beneficiary Data– allowing for the disclosure of update addresses within 95 days before PBGC (last updated at 68 FR 12389 information to those individuals any mailing from change-of-address (March 14, 2003)). PBGC is also affected by the breach, as well as to information submitted to USPS. See 39 amending its systems of records to make others who are in a position to assist in CFR 111.1 (2009), incorporating by technical and clarifying changes after PBGC’s response efforts, either by a role reference the Mailing Standards of the undertaking a periodic review of those in preventing, minimizing or remedying United States Postal Service, Domestic systems as required under Appendix 1 harms from the breach. PBGC is Mail Manual (DMM) § 443.3.9.1, at to the Office of Management and Budget proposing to establish the routine use to http://pe.usps.com/text/dmm300/ (OMB) Circular A–130, Management of comply with the guidance issued by 443.htm. To meet the revised mailing Federal Information Resources (Nov. 28, OMB in memorandum M–07–16, standard, PBGC will use the National 2000). The systems of records being Safeguarding Against and Responding Change of Address Linkage System amended are: PBGC–1, Correspondence to the Breach of Personally Identifiable (NCOA Link) offered through licensees of Between the PBGC and Persons Outside Information (May 22, 2007), and the the USPS. NCOA Link is a USPS-

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approved method for updating Issued in Washington, DC, this 24 day of relevant to the proceeding and that the addresses. See DMM § 443.3.9.2. June 2010. use is compatible with the purpose for Vincent Snowbarger, To protect the privacy of individuals, which PBGC collected the information. G5. Routine Use—Disclosure to the disclosure of PBGC records under the Acting Director, Pension Benefit Guaranty Corporation. Department of Justice in Litigation: routine use will be made under a When PBGC, an employee of PBGC in contract that subjects licensees of the Prefatory Statement of General Routine Uses his or her official capacity, or an Postal Service and its employees to employee of PBGC in his or her criminal penalties under the Privacy The following routine uses are individual capacity whom PBGC has Act. The contract will provide that the incorporated by reference into various agreed to represent is a party to a records disclosed by PBGC will be used systems of records, as set forth below. proceeding before a court or other exclusively for updating addresses G1. Routine Use—Law Enforcement: adjudicative body, or the United States under NCOA Link and must be returned In the event that a system of records or any other federal agency is a party to PBGC or destroyed when the process maintained by PBGC to carry out its and PBGC determines that it has an is completed. The records will be functions indicates a violation or interest in the proceeding, a record from exchanged electronically in an potential violation of law, whether this system of records may be disclosed encrypted format. criminal, civil, or regulatory in nature, to the DOJ if PBGC is consulting with and whether arising by general statute the DOJ regarding the proceeding or has Technical and Clarifying Amendments or particular program pursuant thereto, decided that the DOJ will represent the relevant records in the system of In addition to establishing new PBGC, or its interest, in the proceeding records may be disclosed to the and PBGC determines that the record is general routine use G9, PBGC is appropriate agency, whether federal, relevant to the proceeding and that the amending PBGC–1, Correspondence state, local, or foreign, charged with the use is compatible with the purpose for Between the PBGC and Persons Outside responsibility of investigating or which PBGC collected the information. of the PBGC—PBGC, PBGC–2, prosecuting such violation or charged G6. Routine Use—Disclosure to OMB: Disbursements—PBGC, PBGC–3, with enforcing or implementing the A record from this system of records Employee Payroll, Leave and statute, or rule, regulation, or order may be disclosed to the OMB in Attendance Records—PBGC, PBGC–4, issued pursuant thereto. connection with the review of private Employee Travel Records—PBGC, G2. Routine Use—Disclosure When relief legislation as set forth in OMB PBGC–5, Personnel Files—PBGC, Requesting Information: A record from Circular No. A–19 at any stage of the PBGC–6, Plan Participant and this system of records may be disclosed legislative coordination and clearance Beneficiary Data—PBGC, PBGC–8, to a federal, state, or local agency or to process as set forth in that Circular. Employee Relations Files—PBGC, another public or private source G7. Routine Use—Congressional PBGC–9, Plan Participant and maintaining civil, criminal, or other Inquiries: A record from this system of Beneficiary Address Identification relevant enforcement information or records may be disclosed to a File—PBGC, PBGC–10, Administrative other pertinent information, if and to congressional office from the record of the extent necessary to obtain Appeals File—PBGC, PBGC–11, Call an individual in response to an inquiry information relevant to a PBGC decision Detail Records—PBGC, PBGC–12, from the congressional office made at concerning the hiring or retention of an the request of the individual. Security Investigation Records—PBGC, employee, the retention of a security G8. Routine Use—Disclosure to Labor PBGC–13, Debt Collection—PBGC, clearance, or the letting of a contract. Organizations: A record from this PBGC–14, My Plan Administration G3. Routine Use—Disclosure of system of records may be disclosed to Account Authentication Records— Existence of Record Information: With an official of a labor organization PBGC, PBGC–15, Emergency the approval of the Director, Human recognized under 5 U.S.C. Chapter 71 Notification Records—PBGC, PBGC–16, Resources Department (or his or her when necessary for the labor Employee Online Directory—PBGC, and designee), the fact that this system of organization to perform properly its PBGC–17, Office of Inspector General records includes information relevant to duties as the collective bargaining Investigative File System—PBGC, to a federal agency’s decision in representative of PBGC employees in correct and update the categories of connection with the hiring or retention the bargaining unit. individuals covered by the system, of an employee, the retention of a G9. Routine Use—Disclosure in categories of records in the system, security clearance, the letting of a Response to a Federal Data Breach. A purposes, storage, retrievability, contract, or the issuance of a license, record from this system of records may safeguards, retention and disposal, grant, or other benefit may be disclosed be disclosed to appropriate agencies, records in the system, and record source to that federal agency. entities, and persons when (1) PBGC categories. The amendments clarify the G4. Routine Use—Disclosure in suspects or has confirmed that the nature and purposes of the systems of Litigation: A record from this system of security or confidentiality of records and reflect changes that have records may be disclosed in a information in the system of records has occurred since they were last published. proceeding before a court or other been compromised; (2) PBGC has adjudicative body in which PBGC, an determined that as a result of the For the convenience of the public, employee of the PBGC in his or her suspected or confirmed compromise PBGC’s Prefatory Statement of General official capacity, or an employee of there is a risk of harm to economic or Routine Uses with proposed general PBGC in his or her individual capacity property interests, identity theft or routine use G9 and the amended if the PBGC (or the Department of fraud, or harm to the security or systems of records are published in full Justice (DOJ)) has agreed to represent integrity of this system or other systems below with changes italicized. him or her is a party, or the United or programs (whether maintained by States or any other federal agency is a PBGC or another agency or entity) that party and the PBGC determines that it rely upon the compromised has an interest in the proceeding, if the information; and (3) the disclosure PBGC determines that the record is made to such agencies, entities, and

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persons is reasonably necessary to assist records are stored on computer SECURITY CLASSIFICATION: in connection with PBGC’s efforts to networks and protected by assigning Not applicable. respond to the suspected or confirmed user identification numbers to compromise and prevent, minimize, or individuals needing access to the SYSTEM LOCATION: remedy such harm. records and by passwords set by Pension Benefit Guaranty authorized users that must be changed Corporation, 1200 K Street, NW., PBGC–1 periodically. Washington, DC 20005–4026. SYSTEM NAME: CATEGORIES OF INDIVIDUALS COVERED BY THE RETENTION AND DISPOSAL: Correspondence Between PBGC and SYSTEM: General requests for information that Persons Outside the PBGC—PBGC. Individuals who are consultants and do not involve administrative action, vendors to PBGC. SYSTEM CLASSIFICATION: policy decisions, or special research are Not Applicable. destroyed 1 year after reply. CATEGORIES OF RECORDS IN THE SYSTEMS: Correspondence with members of Payment vouchers, including SF SYSTEM LOCATION: Congress is destroyed 1 year after the 1082. Pension Benefit Guaranty end of the fiscal year in which it is Corporation, 1200 K Street, NW., received or sent. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Washington, DC 20005–4026. 29 U.S.C. 1302; 44 U.S.C. 3101. SYSTEM MANAGER(S) AND ADDRESS: PURPOSE(S): CATEGORIES OF INDIVIDUALS COVERED BY THE Correspondence is kept by the SYSTEM: director of the department to which the This system of records is maintained Individuals who have corresponded correspondence was addressed or the for use in determining amounts to be with PBGC and with components of director of the department who replied. paid and in effecting payments by the PBGC and individuals who have These department directors are: General Department of the Treasury to received replies in response to their Counsel, Office of the General Counsel; consultants and vendors. correspondence with PBGC. Inspector General, Office of Inspector ROUTINE USES OF RECORDS MAINTAINED IN THE CATEGORIES OF RECORDS IN THE SYSTEM: General; Chief Counsel, Office of Chief SYSTEM, INCLUDING CATEGORIES OF USERS AND Counsel; Director, Policy and Research THE PURPOSES OF SUCH USES: Correspondence containing the name Department; Director, Communications and address of the correspondent and 1. A record from this system of and Public Affairs Department; Director, other information regarding various records may be transmitted to the Financial Operations Department; aspects of PBGC and Title IV of the United States Department of Treasury to Director, Budget and Organizational Employee Retirement Income Security effect payments to consultants and Performance Department; Director, Act of 1974, as amended. vendors. Procurement Department; Director, 2. General Routine Uses G1 through AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Contract and Controls Review G7, and G9 (see Prefatory Statement of 29 U.S.C. 1302. Department; Chief Information Officer, General Routine Uses) apply to this Office of Information Technology; system of records. PURPOSE(S): Director, Department of Insurance This system of records is maintained Supervision and Compliance; Director, DISCLOSURE TO CONSUMER REPORTING AGENCIES: for programmatic and regulatory Facilities and Services Department; purposes (including use in adjudicatory Director, Human Resources Department; Information may be disclosed to a proceedings). Director, Benefits Administration and consumer reporting agency in Payment Department. Correspondence accordance with 31 U.S.C. 3711(f) (5 ROUTINE USES OF RECORDS MAINTAINED IN THE addressed to or replied to by the Office U.S.C. 552a(b)(12)). SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: of the Director is kept by the Deputy POLICIES AND PRACTICES FOR STORING, Director and Chief Operating Officer. General Routine Uses G1 through G7, RETRIEVING, ACCESSING, RETAINING, AND PBGC’s address is: 1200 K Street, NW., DISPOSING OF RECORDS IN THE SYSTEM: and G9 (see Prefatory Statement of Washington, DC 20005–4026. General Routine Uses) apply to this STORAGE: system of records. NOTIFICATION PROCEDURE: Records are maintained manually in Procedures are detailed in PBGC file folders and/or in electronic format, DISCLOSURE TO CONSUMER REPORTING including magnetic tapes or discs. AGENCIES: regulations: 29 CFR Part 4902. RETRIEVABILITY: None. RECORD ACCESS PROCEDURES: Records are indexed by name. POLICIES AND PRACTICES FOR STORING, Same as notification procedure. RETRIEVING, ACCESSING, RETAINING, AND SAFEGUARDS: CONTESTING RECORD PROCEDURES: DISPOSING OF RECORDS IN THE SYSTEM: Records are kept in file cabinets in Same as notification procedure. STORAGE: areas of restricted access that are locked Records are maintained manually in RECORD SOURCE CATEGORIES: after office hours. Electronic records are file folders and/or in electronic form. Individuals writing to PBGC and stored on computer networks and are PBGC’s responses. protected by assigning user RETRIEVABILITY: identification numbers to individuals Records are indexed by name of EXEMPTIONS CLAIMED FOR THE SYSTEM: needing access to the records and by correspondent or plan. None. passwords set by authorized users that must be changed periodically. SAFEGUARDS: PBGC–2 Paper records are kept in file folders RETENTION AND DISPOSAL: in areas of restricted access that are SYSTEM NAME: Records created after June 30, 1975, locked after office hours. Electronic Disbursements—PBGC. are destroyed 6 years and 3 months after

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date of voucher. Records may also be savings bonds and allotments, to RECORD SOURCE CATEGORIES: maintained on PBGC’s network back-up financial institutions, and for other Subject individual and the Office of tapes. authorized purposes), and tax Personnel Management. withholdings and other authorized SYSTEM MANAGER S AND ADDRESS EXEMPTIONS CLAIMED FOR THE SYSTEM: ( ) : deductions, and for statistical purposes. Director, Financial Operation None. Department, Pension Benefit Guaranty ROUTINE USES OF RECORDS MAINTAINED IN THE PBGC–4 Corporation, 1200 K Street, NW., SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Washington, DC 20005–4026. SYSTEM NAME: 1. A record from this system of Employee Travel Records—PBGC. NOTIFICATION PROCEDURE: records may be disclosed to the United Procedures are detailed in PBGC States Department of the Interior to SYSTEM CLASSIFICATION: regulations: 29 CFR Part 4902. effect payments to employees. Not applicable. 2. General Routine Uses G1 through RECORD ACCESS PROCEDURES: G9 (see Prefatory Statement of General SYSTEM LOCATION: Same as notification procedure. Routine Uses) apply to this system of Pension Benefit Guaranty records. Corporation, 1200 K Street, NW., CONTESTING RECORD PROCEDURES: Washington, DC 20005–4026. Same as notification procedure. DISCLOSURE TO CONSUMER REPORTING AGENCIES: CATEGORIES OF INDIVIDUALS COVERED BY THE RECORD SOURCE CATEGORIES: Information may be disclosed to a SYSTEM: Individuals who are consultants and consumer reporting agency in Current and former employees of vendors to PBGC. accordance with 31 U.S.C. 3711(f) (5 PBGC who have filed travel vouchers and related documents. EXEMPTIONS CLAIMED FOR THE SYSTEM: U.S.C. 552a(b)(12)). None. POLICIES AND PRACTICES FOR STORING, CATEGORIES OF RECORDS IN THE SYSTEM: RETRIEVING, ACCESSING, RETAINING, AND Travel vouchers and related PBGC–3 DISPOSING OF RECORDS IN THE SYSTEM: documents filed by employees of PBGC. SYSTEM NAME: STORAGE: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Records are maintained manually in Employee Payroll, Leave, and 5 U.S.C. 6701; 29 U.S.C. 1302; 44 file folders and/or in automated form, Attendance Records—PBGC. U.S.C. 3101. including magnetic tapes or discs. SECURITY CLASSIFICATION: PURPOSE(S): RETRIEVABILITY: Not applicable. This system of records is maintained Records are indexed by name and/or to perform functions related to travel on SYSTEM LOCATION: employee or social security number. behalf of PBGC, including Pension Benefit Guaranty SAFEGUARDS: determinations involving travel Corporation, 1200 K Street, NW., authorization and arrangements and Washington, DC 20005–4026. Manual records are kept in file cabinets in areas of restricted access that documentation of travel advances and CATEGORIES OF INDIVIDUALS COVERED BY THE are locked after office hours. Electronic reimbursements. SYSTEM: records are stored on computer ROUTINE USES OF RECORDS MAINTAINED IN THE Current and former employees of networks and protected by assigning SYSTEM, INCLUDING CATEGORIES OF USERS AND PBGC. user identification numbers to THE PURPOSES OF SUCH USES: individuals needing access to the CATEGORIES OF RECORDS IN THE SYSTEM: 1. A record from this system of records and by passwords set by Names; addresses; social security records may be disclosed to the United authorized users that must be changed States Department of Treasury to effect numbers and employee numbers; periodically. earnings records; leave status and data; reimbursement of employees for travel jury duty data; military leave data; time RETENTION AND DISPOSAL: expenses. 2. General Routine Uses G1 through and attendance records, including Records are maintained for various G9 (see Prefatory Statement of General number of regular, overtime, holiday, periods of time, as provided in National Routine Uses) apply to this system of and compensatory hours worked; co- Archives and Records Administration records. owner and/or beneficiary of bonds; General Records Schedule 2. Records marital status and number of are also maintained on PBGC’s network DISCLOSURE TO CONSUMER REPORTING dependents; and notifications of back-up tapes. AGENCIES: personnel actions. The records listed SYSTEM MANAGER(S) AND ADDRESS: Information may be disclosed to a herein are included only as pertinent or consumer reporting agency in Director, Financial Operations applicable to the individual employee. accordance with 31 U.S.C. 3711(f) (5 Department, Pension Benefit Guaranty U.S.C. 552a(b)(12)). AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Corporation, 1200 K Street, NW., 29 U.S.C. 1302; 44 U.S.C. 3101. Washington, DC 20005–4026. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND PURPOSE(S): NOTIFICATION PROCEDURE: DISPOSING OF RECORDS IN THE SYSTEM: Procedures are detailed in PBGC This system of records is maintained STORAGE: regulations: 29 CFR Part 4902. to perform functions involving Records are maintained manually in employee leave, attendance, and RECORD ACCESS PROCEDURES: file folders and/or in electronic format, payments, including determinations Same as notification procedure. including magnetic tapes and discs. relating to the amounts to be paid to employees, the distribution of pay CONTESTING RECORD PROCEDURES: RETRIEVABILITY: according to employee directions (for Same as notification procedure. Records are indexed by name.

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SAFEGUARDS: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Benefit Guaranty Corporation, 1200 K Records are kept in file cabinets in 29 U.S.C. 1302; 44 U.S.C. 3101. Street, NW., Washington, DC 20005– areas of restricted access that are locked 4026. after office hours. Electronic records are PURPOSE(S): NOTIFICATION PROCEDURE: stored on computer network and This system of records is used in Procedures are detailed in PBGC protected by assigning user carrying out authorized personnel regulations: 29 CFR Part 4902. identification numbers to individuals functions, including the evaluation of needing access to the records and by qualifications; determinations about RECORD ACCESS PROCEDURES: passwords set by authorized users that status, eligibility, and rights and Same as notification procedure. must be changed periodically. benefits under pertinent laws and regulations governing federal CONTESTING RECORD PROCEDURES: RETENTION AND DISPOSAL: employment; and computations of Same as notification procedure. Records are maintained for various length of service. RECORD SOURCE CATEGORIES: periods of time, as provided in National ROUTINE USES OF RECORDS MAINTAINED IN THE Archives and Records Administration Subject individuals, present and past SYSTEM, INCLUDING CATEGORIES OF USERS AND employers, and references given by any General Records Schedule 9. Records THE PURPOSES OF SUCH USES: are also maintained on PBGC’s network subject individuals. General Routine Uses G1 through G9 back-up tapes. (see Prefatory Statement of General EXEMPTIONS CLAIMED FOR THE SYSTEM: SYSTEM MANAGER(S) AND ADDRESS: Routine Uses) apply to this system of None. Director, Financial Operations records. PBGC–6 Department, Pension Benefit Guaranty DISCLOSURE TO CONSUMER REPORTING SYSTEM NAME: Corporation, 1200 K Street, NW., AGENCIES: Washington, DC 20005–4026. Plan Participant and Beneficiary None. Data—PBGC. NOTIFICATION PROCEDURE: POLICIES AND PRACTICES FOR STORING, SECURITY CLASSIFICATION: Procedures are detailed in PBGC RETRIEVING, ACCESSING, RETAINING, AND Not applicable. regulations: 29 CFR Part 4902. DISPOSING OF RECORDS IN THE SYSTEM: SYSTEM LOCATION: RECORD ACCESS PROCEDURES: STORAGE: Pension Benefit Guaranty Same as notification procedure. Records are maintained in paper form in file folders and/or in electronic form, Corporation, 1200 K Street, NW., CONTESTING RECORD PROCEDURES: including magnetic tapes and discs. Washington, DC 20005–4026 and/or Same as notification procedure. field benefit administrator, plan RETRIEVABILITY: administrator, and paying agent RECORD SOURCE CATEGORIES: Records are indexed by name. worksites. Current and former PBGC employee SAFEGUARDS: CATEGORIES OF INDIVIDUALS COVERED BY THE vouchers. SYSTEM: Access is restricted to agency EXEMPTIONS CLAIMED FOR THE SYSTEM: personnel or contractors whose Participants and beneficiaries in None. responsibilities require access. Paper terminating and terminated pension records are kept in areas of restricted plans covered by Title IV of the PBGC–5 access that are locked after office hours. Employee Retirement Income Security Act of 1974, as amended (‘‘ERISA’’). SYSTEM NAME: Electronic records are stored on computer networks and protected by Personnel Files—PBGC. CATEGORIES OF RECORDS IN THE SYSTEM: assigning user identification numbers to Names, addresses, telephone SYSTEM CLASSIFICATION: individuals needing access to the numbers, sex, social security numbers Not applicable. records and by passwords set by and other Social Security authorized users that must be changed Administration information, dates of SYSTEM LOCATION: periodically. birth, dates of hire, salary, marital Pension Benefit Guaranty RETENTION AND DISPOSAL: status, domestic relations orders, time of Corporation, 1200 K Street, NW., plan participation, eligibility status, pay Temporary personnel file records are Washington, DC 20005–4026. status, benefit data, health-related destroyed when superseded or obsolete, information, insurance information CATEGORIES OF INDIVIDUALS COVERED BY THE or upon separation or transfer of where plan benefits are provided by SYSTEM: employee from PBGC. Applications for private insurers, initial and final PBGC Employees and applicants for employment are destroyed after the determinations (29 CFR 4003.21 and employment with PBGC. receipt of an OPM inspection report or 4003.59). The records listed herein are 2 years after date of application, included only as pertinent or applicable CATEGORIES OF RECORDS IN THE SYSTEM: whichever is sooner. Applications for to the individual plan participant or Personnel records that PBGC training are destroyed 5 years after beneficiary. maintains, including applications and completion of a specific training related information for attorneys program. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: maintained by the Office of the General Records are also maintained on 29 U.S.C. 1055, 1056(d)(3), 1302, Counsel. (Records included in the PBGC’s network back-up tapes. 1321, 1322, 1322a, 1341, 1342 and 1350; permanent Official Personnel Folder are 44 U.S.C. 3101. maintained as a system of records by the SYSTEM MANAGER(S) AND ADDRESS: Office of Personnel Management (OPM/ Director, Human Resources PURPOSE(S): GOVT–1) and are not included in this Department, and Administrative Officer, This system of records is maintained system of records.) Office of the General Counsel, Pension for use in determining whether

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participants and beneficiaries are and to the Social Security individual at the last known address is eligible for benefits under plans covered Administration (SSA) to obtain current returned as undeliverable. by Title IV of ERISA, the amounts of addresses. Such information will be 11. Names and last known addresses benefits to be paid, making benefit disclosed only if PBGC has no address of participants and beneficiaries, and payments, and collecting benefit for an individual or if mail sent to the the names and addresses of participants’ overpayments. Names, addresses, and individual at the last known address is former employers, may be disclosed to telephone numbers are used to survey returned as undeliverable. the public to obtain current addresses of customers to measure their satisfaction 7. Names and last known addresses the individuals. Such information will with PBGC’s benefit payment services may be disclosed to an official of a labor be disclosed to the public only if PBGC and to track (for follow up) those who organization recognized as the collective is unable to make benefit payments to do not respond to surveys. bargaining representative of participants the participants and beneficiaries for posting in union halls or for other because the address it has does not ROUTINE USES OF RECORDS MAINTAINED IN THE appear to be current or correct. SYSTEM, INCLUDING CATEGORIES OF USERS AND means of publication to obtain current addresses of participants and 12. The name of a participant’s THE PURPOSES OF SUCH USES: pension plan, the actual or estimated 1. A record from this system of beneficiaries. Such information will be disclosed only if PBGC has no address amount of a participant’s benefit under records may be disclosed to third Title IV of ERISA, the form(s) in which parties, such as banks, insurance for an individual or if mail sent to the individual at the last known address is the benefit is payable, and whether the companies, or trustees, to make benefit participant is currently receiving benefit payments to plan participants and returned as undeliverable. 8. Names, social security numbers, payments under the plan or (if not) the beneficiaries. earliest date(s) such payments could 2. A record from this system of last known addresses, and dates of birth and death may be disclosed to private commence may be disclosed to the records may be disclosed, in furtherance participant’s spouse, former spouse, firms and agencies that provide locator of proceedings under Title IV of ERISA, child, or other dependent solely to services, including credit reporting to a contributing sponsor (or other obtain a qualified domestic relations agencies and debt collection firms or employer who maintained the plan), order under 29 U.S.C. 1056(d) and 26 agencies, to locate participants and including any predecessor or successor, U.S.C. 414(p). PBGC will disclose the beneficiaries. Such information will be and any member of the same controlled information only upon the receipt of a disclosed only if PBGC has no address group. notarized, written request by a for an individual or if mail sent to the 3. A record from this system of prospective alternate payee that individual at the last known address is records may be disclosed, upon request describes the requester’s relationship to returned as undeliverable. Disclosure for a purpose authorized under Title IV the participant and states that the of ERISA, to an official of a labor shall be made only under a contract that information will be used solely to obtain organization recognized as the collective subjects the firm or agency providing a qualified domestic relations order bargaining representative of the the service and its employees to the under state domestic relations law. individual about whom a request is criminal penalties of the Privacy Act. PBGC will notify the participant of any made. The information so disclosed shall be information disclosed to a prospective 4. Names, addresses, and telephone used exclusively pursuant to the terms alternate payee under this routine use. numbers of participants and and conditions of such contract and Any person who knowingly and beneficiaries and information pertaining shall be used solely for the purposes willfully requests or obtains any record to debts owed by such participants and prescribed therein. The contract shall concerning an individual under false beneficiaries to PBGC may be disclosed provide that the information so pretenses is subject to a criminal to a debt collection agency or firm to disclosed shall be returned at the penalty under 5 U.S.C. 552a(i)(3). collect a claim. Disclosure shall be made conclusion of the locating effort. 13. Information from a participant’s only under a contract that binds any 9. Names and addresses may be initial determination under 29 CFR such contractor or employee of such disclosed to licensees of the United 4003.1(b) (excluding the participant’s contractor to the criminal penalties of States Postal Service (USPS) to obtain address, telephone number, social the Privacy Act. The information so current addresses under the USPS’s security number, and any sensitive disclosed shall be used exclusively National Change of Address Linkage medical information) may be disclosed pursuant to the terms and conditions of System (NCOA Link). Disclosure shall be to a participant’s spouse, former spouse, such contract and shall be used solely made only under a contract that binds child, or other dependent who is an for the purposes prescribed therein. The the licensee of the Postal Service and its alternate payee under a qualified contract shall provide that the employees to the criminal penalties of domestic relations order issued information so disclosed shall be the Privacy Act. The contract shall pursuant to 29 U.S.C. 1056(d) and 26 returned at the conclusion of the debt provide that the records disclosed by U.S.C. 414(p) to explain how PBGC collection effort. PBGC shall be used exclusively for determined the benefit due the alternate 5. The name and social security updating addresses under NCOA Link payee so that the alternate payee can number of a participant employed or and must be returned to PBGC or pursue an administrative appeal of the formerly employed as a pilot by a destroyed when the process is benefit determination under 29 CFR commercial airline may be disclosed to completed. The records will be 4003.51. PBGC will notify the the Federal Aviation Administration exchanged electronically in an participant of the information disclosed (FAA) to obtain information relevant to encrypted format. to an alternate payee under this routine the participant’s eligibility or continued 10. Names and last known addresses use. eligibility for disability benefits. may be disclosed to other participants 14. The names, addresses, social 6. Names and social security numbers in, and beneficiaries under, a pension security numbers, and dates of birth of of plan participants and beneficiaries plan to obtain the current addresses of eligible PBGC pension recipients may be may be disclosed to the Internal individuals. Such information will be disclosed to the Department of Treasury Revenue Service (IRS) to obtain current disclosed only if PBGC has no address and the Department of Labor to addresses from tax return information for an individual or if mail sent to the implement the income tax credit for

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health insurance costs under 26 U.S.C. SYSTEM MANAGER(S) AND ADDRESS: based actions involving PBGC 35 and the program for advance Director, Benefit Administration and employees. payment of the tax credit under 26 Payments Department, Pension Benefit ROUTINE USES OF RECORDS MAINTAINED IN THE U.S.C. 7527. Guaranty Corporation, 1200 K Street, SYSTEM, INCLUDING CATEGORIES OF USERS AND 15. The names, addresses, social NW., Washington, DC 20005–4026. THE PURPOSES OF SUCH USES: security numbers, and dates of birth of NOTIFICATION PROCEDURE: 1. A record from this system of eligible PBGC pension recipients records may be disclosed to OPM, the Procedures are detailed in PBGC’s residing in a particular state may be Merit Systems Protection Board, the regulations: 29 CFR part 4902. disclosed to the state’s workforce agency Federal Labor Relations Authority, or if the agency received a National RECORD ACCESS PROCEDURES: the Equal Employment Opportunity Emergency Grant from the Department Same as notification procedure. Commission to carry out its authorized of Labor under the Workforce functions (under 5 U.S.C. 1103, 1204, Investment Act of 1988 to provide CONTESTING RECORDS PROCEDURE: 7105, and 42 U.S.C. 2000e–4, in that health insurance coverage assistance Same as notification procedure. order). and support services for state residents 2. General Routine Uses G1 through under 29 U.S.C. 2918(a) and (f). PBGC–8 G9 (see Prefatory Statement of General 16. General Routine Uses G1 and G4 SYSTEM NAME: Routine Uses) apply to this system of through G7, and G9 (see Prefatory records. Statement of General Routine Uses) Employee Relations Files 8–PBGC. apply to this system of records. DISCLOSURE TO CONSUMER REPORTING SYSTEM CLASSIFICATION: AGENCIES: DISCLOSURE TO CONSUMER REPORTING Not applicable. None. AGENCIES: SYSTEM LOCATION: POLICIES AND PRACTICES FOR STORING, Information may be disclosed to a Pension Benefit Guaranty RETRIEVING, ACCESSING, RETAINING, AND consumer reporting agency in Corporation, 1200 K Street, NW., DISPOSING OF RECORDS IN THE SYSTEM: accordance with 31 U.S.C. 3711(f) (5 Washington, DC 20005–4026. STORAGE U.S.C. 552a(b)(12)). : CATEGORIES OF INDIVIDUALS COVERED BY THE Records are maintained in paper form POLICIES AND PRACTICES FOR STORING, SYSTEM: in file folders and/or in electronic form, RETRIEVING, ACCESSING, RETAINING, AND including magnetic tapes or discs. DISPOSING OF RECORDS IN THE SYSTEM: Current and former PBGC employees with respect to whom PBGC has RETRIEVABILITY: STORAGE: initiated a reduction-in-force or a Records are indexed by employee Records are maintained in paper and disciplinary or performance-based name. electronic form. action and PBGC employees who have initiated grievances under an SAFEGUARDS: RETRIEVABILITY: administrative grievance procedure or Access is restricted to agency Records are indexed by plan and under an applicable collective personnel or contractors whose participant and/or beneficiary name. bargaining agreement. responsibilities require access. Paper Customer satisfaction survey responses records are kept in areas of restricted are aggregated for statistical purposes CATEGORIES OF RECORDS IN THE SYSTEM: access that are locked after office hours. after they have been received by PBGC Notices of reductions-in-force or Electronic records are stored on and are not retrievable by a participant disciplinary or performance-based computer networks and protected by or beneficiary’s name or other assigned actions and employees’ replies to such assigning user identification numbers to identifier. notices, employees’ notices of grievance individuals needing access to the and appeal, investigative reports, records and by passwords set by SAFEGUARDS: records of proceedings, appeal authorized users that must be changed Paper records are kept in file folders decisions, and related information. periodically. in areas of restricted access that are (Records of actions proposed or taken in RETENTION AND DISPOSAL: locked after office hours. Electronic accordance with 5 CFR Part 315 records are stored on computer (Subpart H or I) or Part 752 are Registers and related records used to networks and protected by assigning maintained as a system of records by the effect reduction-in-force actions are user identification numbers to Office of Personnel Management (OPM) maintained as provided in the National individuals needing access to the (OPM/GOVT–3) and are not included in Archives and Record Administration records and by passwords set by this system of records.) General Records Schedule 1. Records authorized users that must be changed relating to grievances raised by periodically. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: employees, except Equal Employment 29 U.S.C. 1302; 44 U.S.C. 3101. Opportunity complaints, are maintained RETENTION AND DISPOSAL: for 7 years after the close of the matter Records for plan participants are PURPOSE(S): as provided in the National Archives transferred to the Washington National This system of records is maintained and Record Administration General Federal Records Center 6 months after for use in decision-making involving Records Schedule 1 and PBGC Schedule either the final payment to a participant grievances and appeals by PBGC 1.2. Records related to disciplinary or and/or beneficiary or PBGC’s final employees regarding compensation, performance based actions are determination that a participant or benefits, or other terms and conditions maintained for 7 years as provided in beneficiary is not entitled to any of employment, including terms and the National Archives and Record benefits and are destroyed 7 years after conditions of employment under an Administration General Records such payment or determination. applicable collective bargaining Schedule 1 and PBGC Schedule 1.2. Records are also maintained on agreement, and reductions-in-force and Records are also maintained on PBGC’s network back-up tapes. certain disciplinary and performance- PBGC’s network back-up tapes.

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SYSTEM MANAGER(S) AND ADDRESS: 2. General Routine Uses G1 and G4 SYSTEM LOCATION: Director, Human Resources through G7, and G9 (see Prefatory Pension Benefit Guaranty Department, Pension Benefit Guaranty Statement of General Routine Uses) Corporation, 1200 K Street, NW., Corporation, 1200 K Street, NW., apply to this system of records. Washington, DC 20005–4026. Washington, DC 20005–4026. DISCLOSURE TO CONSUMER REPORTING CATEGORIES OF INDIVIDUALS COVERED BY THE NOTIFICATION PROCEDURE: AGENCIES: SYSTEM: Procedures are detailed in PBGC None. Participants and beneficiaries in terminated pension plans covered by regulations: 29 CFR part 4902. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND Title IV of the Employee Retirement RECORD ACCESS PROCEDURES: DISPOSING OF RECORDS IN THE SYSTEM: Income Security Act of 1974, as Same as notification procedure. amended, who have filed administrative STORAGE: appeals with PBGC’s Appeals Board CONTESTING RECORD PROCEDURES: Records are maintained manually in pursuant to 29 CFR 4003.1(b)(6), (7), (8), Same as notification procedure. file folders and/or in electronic form, or (10), Rules for Administrative Review including magnetic tapes or discs. RECORD SOURCE CATEGORIES: of Agency Decisions. Records in this system of records are RETRIEVABILITY: CATEGORIES OF RECORDS IN THE SYSTEM: provided by an affected employee, the Records are indexed by participant or Names of pension plans, names of employee’s supervisors, other PBGC beneficiary name and social security participants, beneficiaries, and alternate employees, and from investigations and number. payees, and personal information such interviews. SAFEGUARDS: as addresses, social security numbers, EXEMPTIONS CLAIMED FOR THE SYSTEM: Records are kept in locked file sex, dates of birth, dates of hire, salary, marital status (including domestic None. cabinets in areas of restricted access under procedures that meet IRS relations orders), medical records, dates PBGC–9 safeguarding standards. Electronic of commencement of plan participation or employment, statements regarding SYSTEM NAME: records are stored on computer networks and protected by assigning employment, dates of termination of Plan Participant and Beneficiary user identification numbers to plan participation or retirement, benefit Address Identification File—PBGC. individuals needing access to the payment data, pay status, Social Security Administration (‘‘SSA’’) SYSTEM CLASSIFICATION: records and by passwords set by information, insurance claims and Not applicable. authorized users that must be changed periodically. awards, workman’s compensation SYSTEM LOCATION: awards, calculations of benefit amounts, RETENTION AND DISPOSAL: Pension Benefit Guaranty calculations of amounts subject to Corporation, 1200 K Street, NW., Records of a participant or beneficiary recapture, correspondence and other Washington, DC 20005–4026. who verifies the address are transferred information relating to appeals, and to PBGC–6. All other records are initial and final PBGC determinations CATEGORIES OF INDIVIDUALS COVERED BY THE retained for 2 years from the date the (29 CFR4003.22 and 4003.59). The SYSTEM: request was sent to the IRS and then are records listed herein are included only Certain participants and beneficiaries sent to the IRS for disposal or are as pertinent or applicable to the in terminating and terminated pension destroyed. individual participant, beneficiary, and/ plans covered by Title IV of the or alternate payee. SYSTEM MANAGER(S) AND ADDRESS: Employee Retirement Income Security AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Act of 1974, as amended. Director, Benefits Administration and Payments Department, Pension Benefit 29 U.S.C. 1055, 1056(d)(3), 1302, CATEGORIES OF RECORDS IN THE SYSTEM: Guaranty Corporation, 1200 K Street, 1321, 1322, 1322a, 1341, 1342, 1345, Names, social security numbers, NW., Washington, DC 20005–4026. and 1350. addresses, and names of pension plans. NOTIFICATION PROCEDURE: PURPOSE(S): AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Procedures are detailed in PBGC This system of records is maintained 26 U.S.C. 6103 and 26 CFR regulations: 29 CFR part 4902. for use in appeals of matters specified in 29 CFR 4003.1(b)(6), (7), (8), and (10) 301.6103(l)(2)-3; 29 U.S.C. 1055, RECORD ACCESS PROCEDURES: and in subsequent agency actions. 1056(d)(3), 1302, 1321, 1322, 1322a, Same as notification procedure. 1341, 1342, and 1350; 44 U.S.C. 3101. ROUTINE USES OF RECORDS MAINTAINED IN THE CONTESTING RECORD PROCEDURES: PURPOSE(S): SYSTEM, INCLUDING CATEGORIES OF USERS AND Same as notification procedure. THE PURPOSES OF SUCH USES: This system of records is maintained to locate participants and beneficiaries RECORD SOURCE CATEGORIES: 1. General Routine Uses G1, G4, G5, under pension plans covered by Title IV PBGC–6 and the IRS. G6, G7, and G8 apply to this system of of ERISA. records. EXEMPTIONS CLAIMED FOR THE SYSTEM: 2. A record from this system of ROUTINE USES OF RECORDS MAINTAINED IN THE None. records may be disclosed to third parties SYSTEM, INCLUDING CATEGORIES OF USERS AND who may be aggrieved by the decision THE PURPOSES OF SUCH USES: PBGC–10 of the Appeals Board under 29 CFR 1. A record from this system of SYSTEM NAME: 4003.57, including disclosure to the records may be disclosed only to a Administrative Appeals File—PBGC. contributing sponsor (or other employer person to whom disclosure is permitted who maintained the plan) including any by 26 U.S.C. 6103 and 26 CFR SYSTEM CLASSIFICATION: predecessor or successor, and any 301.6103(i)–1. Not applicable. member of the same controlled group.

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3. A record from this system of NOTIFICATION PROCEDURE: reimbursement for unauthorized toll records may be disclosed, upon request, Procedures are detailed in PBGC calls. to an attorney representative or a non- regulations: 29 CFR Part 4902. attorney representative who has a power ROUTINE USES OF RECORDS MAINTAINED IN THE RECORD ACCESS PROCEDURES: SYSTEM, INCLUDING CATEGORIES OF USERS AND of attorney for the subject individual, THE PURPOSES OF SUCH USES: under 29 CFR 4003.6. Same as notification procedure. 4. A record from this system of 1. A record from this system of records may be disclosed to third CONTESTING RECORD PROCEDURES: records may be disclosed to contract parties, such as banks, insurance Same as notification procedure. employees and consultants of PBGC and officials of a labor organization companies, and trustees, to make benefit RECORD SOURCE CATEGORIES: payments to plan participants and representing PBGC employees to beneficiaries. Information in this system of records determine individual responsibility for 5. A record from this system of may be received from the plan telephone calls, but only to the extent records may be disclosed to third administrator, the contributing sponsor that such disclosures consist of parties, such as contractors and expert (or other employer who maintained the comprehensive lists of called numbers witnesses, to obtain expert analysis of plan), including any predecessor, and length of calls. an issue necessary to resolve an appeal. successor, or member of the same 2. General Routine Uses G1, G3, G4, 6. The name and social security controlled group, the labor organization G5, G7 through G9 (see Prefatory number of a participant may be recognized as the collective bargaining Statement of General Routine Uses) disclosed to an official of a labor representative of a participant, the SSA, apply to this system of records. organization recognized as the collective a third party affected by the decision, and the participant or beneficiary. DISCLOSURE TO CONSUMER REPORTING bargaining representative of the AGENCIES: participant to obtain information EXEMPTIONS CLAIMED FOR THE SYSTEM: Information may be disclosed to a relevant to the resolution of an appeal. None. consumer reporting agency in DISCLOSURE TO CONSUMER REPORTING accordance with 31 U.S.C. 3711(f) (5 AGENCIES: PBGC–11 U.S.C. 552a(b)(12)). None. SYSTEM NAME: POLICIES AND PRACTICES FOR STORING, POLICIES AND PRACTICES FOR STORING, Call Detail Records—PBGC. RETRIEVING, ACCESSING, RETAINING, AND RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: DISPOSING OF RECORDS IN THE SYSTEM: SYSTEM CLASSIFICATION: STORAGE: Not applicable. STORAGE: Records are maintained manually in Records are maintained manually in SYSTEM LOCATION: file folders and in electronic form, file folders and/or in electronic form. Pension Benefit Guaranty including magnetic tapes and discs. RETRIEVABILITY: Corporation, 1200 K Street, NW., RETRIEVABILITY: Washington, DC 20005–4026. Records are indexed by participant or Records are retrieved by name of beneficiary name, plan name, and CATEGORIES OF INDIVIDUALS COVERED BY THE employee or other covered individual, appeal number or extension request SYSTEM: telephone extension number, or number. Employees, contract employees, and telephone number called. SAFEGUARDS: consultants of PBGC, and officials of a SAFEGUARDS: labor organization representing PBGC Paper records are kept in file folders Manual records are kept in areas of employees who have made long in areas of restricted access that are restricted access that are locked after distance or other toll calls from PBGC locked after office hours. Electronic office hours. Electronic records are telephones or PBGC-issued portable records are stored on computer stored on computer networks and electronic devices. networks and protected by assigning protected by assigning user user identification numbers to CATEGORIES OF RECORDS IN THE SYSTEM: identification numbers to individuals individuals needing access to the needing access to the records and by records and by passwords set by Records relating to use of PBGC telephones and PBGC-issued portable passwords set by authorized users that authorized users that must be changed must be changed periodically. periodically. electronic devices to place toll calls and receive calls; records indicating RETENTION AND DISPOSAL: RETENTION AND DISPOSAL: assignment of telephone extension Records are retained for 2 years and numbers PBGC-issued portable Paper records for a closed appeal file then destroyed. are retained for 30 days after the electronic devices to employees and Records are also maintained on Appeals Board’s final determination. other covered individuals; records PBGC’s network back-up tapes. Thereafter, the closed appeal file is relating to location of telephone transferred to a records storage facility extensions. SYSTEM MANAGER(S) AND ADDRESS: and destroyed 40 years later. Director, Office of Information AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Electronic records are destroyed or Technology, Pension Benefit Guaranty deleted 135 years after a determination 29 U.S.C. 1302; 44 U.S.C. 3101. Corporation, 1200 K Street, NW., that all participants have been paid. PURPOSE(S): Washington, DC 20005–4026. SYSTEM MANAGER(S) AND ADDRESS: This system of records is maintained NOTIFICATION PROCEDURE: Manager of the Appeals Division, to control the costs of operating PBGC’s Procedures are detailed in PBGC Office of the General Counsel, Pension telephone system by, among other regulations: 29 CFR Part 4902. Benefit Guaranty Corporation, 1200 K things, monitoring telephone usage by Street, NW., Washington, DC 20005– PBGC employees and other covered RECORD ACCESS PROCEDURES: 4026. individuals and obtaining Same as notification procedure.

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CONTESTING RECORD PROCEDURES: PURPOSE(S): employee, or no later than 5 years after Same as notification procedure. This system of records is maintained contract relationship expires, whichever to document investigations of is applicable. RECORD SOURCE CATEGORIES: individuals’ character, conduct, and Records are also maintained on Telephone and PBGC-issued portable behavior. Records are used, in PBGC’s network back-up tapes. electronic device assignment records; accordance with Federal personnel SYSTEM MANAGER(S) AND ADDRESS: call detail listings; private telephone regulations, in making determinations Director, Facilities and Services billing information. relating to an individual’s suitability Department, Pension Benefit Guaranty and fitness for PBGC employment or EXEMPTIONS CLAIMED FOR THE SYSTEM: Corporation, 1200 K Street, NW., None. work for PBGC as a contractor or as an Washington, DC 20005–4026. employee of a contractor, access to PBGC–12 information, and security clearance. NOTIFICATION PROCEDURE: Procedures are detailed in PBGC SYSTEM NAME: ROUTINE USES OF RECORDS MAINTAINED IN THE regulations: 29 CFR Part 4902. Personnel Security Investigation SYSTEM, INCLUDING CATEGORIES OF USERS AND Records—PBGC. THE PURPOSES OF SUCH USES: RECORD ACCESS PROCEDURES: 1. A record from this system of Same as notification procedure. SECURITY CLASSIFICATION: records may be disclosed to an Not applicable. authorized source from which CONTESTING RECORD PROCEDURES: information is requested in the course of Same as notification procedure. SYSTEM LOCATION: an investigation, to the extent necessary RECORD SOURCE CATEGORIES: Pension Benefit Guaranty to identify the individual, inform the Information contained in this system Corporation, 1200 K Street NW., source of the nature and purpose of the of records is obtained from the Washington, DC 20005–4026. investigation, or identify the type of following: (a) Applications and other information requested. CATEGORIES OF INDIVIDUALS COVERED BY THE personnel and security forms; (b) 2. A record from this system of SYSTEM: personal interviews with the individual records may be disclosed to OPM, the Current and former employees and that is the subject of the investigation Merit Systems Protection Board, the applicants for employment with PBGC. and with persons such as employers, Federal Labor Relations Authority, or Current and former individuals who references, neighbors, and associates the Equal Employment Opportunity work, or who are being considered for who may have information about the Commission to carry out its authorized work, for PBGC as contractors or as subject of the investigation; (c) functions (under 5 U.S.C. 1103, 1204, employees of contractors. investigative records and notices of and 7105, and 42 U.S.C. 2000e–4, in personnel actions furnished by other CATEGORIES OF RECORDS IN THE SYSTEM: that order). federal agencies; (d) sources such as Investigatory material regarding an 3. General Routine Uses G1 through educational institutions, police individual’s character, conduct, and G9 (see Prefatory Statement of General departments, credit bureaus, probation behavior, including: Records of arrests Routine Uses) apply to this system of officials, prison officials, and doctors; and convictions for violations of law; records. and (e) public records such as court reports of interviews with the subject of DISCLOSURE TO CONSUMER REPORTING filings and publications such as the investigation and with persons such AGENCIES: newspapers, magazines, and as present and former supervisors, periodicals. neighbors, co-workers, associates, and None. educators who may have information POLICIES AND PRACTICES FOR STORING, EXEMPTIONS CLAIMED FOR THE SYSTEM: about the subject of the investigation; RETRIEVING, ACCESSING, RETAINING, AND This system of records is exempt from reports about the qualifications of an DISPOSING OF RECORDS IN THE SYSTEM: the access and contest and certain other individual for a specific position; STORAGE: provisions of the Privacy Act (5 U.S.C. reports of inquiries to law enforcement Records are maintained in paper and 552a(c)(3), (d), (e)(1), (e)(4)(G) through agencies, employers, and educational electronic form, including magnetic (I), and (f)) to the extent that disclosure institutions; reports of action after an tapes and discs. would reveal the identity of a source Office of Personnel Management (OPM) who furnished information to PBGC or Federal Bureau of Investigation field RETRIEVABILITY: under an express promise of investigation; and other information or Records are indexed by name. confidentiality or, prior to September correspondence relating to or developed 27, 1975, under an implied promise of from the above. SAFEGUARDS: confidentiality (5 U.S.C. 552a(k)(5)). This system of records is distinct from Paper records are kept in file cabinets the OPM’s Privacy Act system of in areas of restricted access that are PBGC–13 records, OPM/Central-9 (Personnel locked after office hours. Electronic SYSTEM NAME: records are stored on computer Investigation Records), which covers Debt Collection—PBGC. records of personnel security networks and protected by assigning investigations conducted by the OPM user identification numbers to SECURITY CLASSIFICATION: with respect to employees or applicants individuals needing access to the Not applicable. for employment with PBGC. records and by passwords set by authorized users that must be changed SYSTEM LOCATION: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: periodically. Pension Benefit Guaranty 29 U.S.C. 1302; 44 U.S.C. 3101; Corporation, 1200 K Street, NW., Executive Order 10450; 5 CFR § 5.2(c) RETENTION AND DISPOSAL: Washington, DC 20005–4026 and/or and (d); 5 CFR parts 731 and 736; and Records are destroyed upon field benefit administrator, plan OMB Circular No. A–130—Revised, notification of death or not later than 5 administrator, and paying agent Appendix III, 61 FR 6428. years after separation or transfer of worksites.

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CATEGORIES OF INDIVIDUALS COVERED BY THE accordance with 31 U.S.C. 3711(e) (5 SYSTEM MANAGER(S) AND ADDRESS: SYSTEM: U.S.C. 552a(b)(12)). Director, Financial Operations Anyone who may owe a debt to Department, Pension Benefit Guaranty PBGC, including but not limited to: POLICIES AND PRACTICES FOR STORING, Corporation, 1200 K Street, NW., Employees and former employees of RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: Washington, DC 20005–4026. PBGC; individuals who are consultants and vendors to PBGC; participants and STORAGE: NOTIFICATION PROCEDURE: beneficiaries in terminating and Records are maintained in paper and Procedures are detailed in PBGC terminated pension plans covered by electronic form, including magnetic regulations: 29 CFR part 4902. Title IV of the Employee Retirement tapes or discs. RECORD ACCESS PROCEDURES: Income Security Act of 1974, as amended (ERISA), and individuals who RETRIEVABILITY: Same as notification procedure. received benefit payments to which they Records are indexed by any one or CONTESTING RECORD PROCEDURES: are not entitled. more of the following: employer Same as notification procedure. CATEGORIES OF RECORDS IN THE SYSTEM: identification number; social security number; plan number; and name of RECORD SOURCE CATEGORIES: Names; addresses; social security debtor, plan, plan sponsor, plan Subject individual, plan numbers; taxpayer identification administrator, participant or administrators, labor organization numbers; employee number; travel beneficiary. officials, firms or agencies providing vouchers and related documents filed locator services, and other Federal by employees of PBGC; invoices filed by SAFEGUARDS: agencies. consultants and vendors to PBGC; Paper records are kept in file folders records of benefit payments made to in areas of restricted access that are EXEMPTIONS CLAIMED FOR THE SYSTEM: participants and beneficiaries in locked after office hours. Electronic None. terminating and terminated pension records are stored on computer PBGC–14 plans covered by Title IV of ERISA; and networks and protected by assigning other relevant records relating to the user identification numbers to SYSTEM NAME: debt including the amount, status, and individuals needing access to the history of the debt, and the program My Plan Administration Account records and by passwords set by Authentication Records—PBGC. under which the debt arose. The records authorized users that must be changed listed herein are included only as periodically. SECURITY CLASSIFICATION: pertinent or applicable to the individual Not applicable. debtor. RETENTION AND DISPOSAL: SYSTEM LOCATION: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Records relating to the debts of consultants and vendors are destroyed 6 Pension Benefit Guaranty 29 U.S.C. 1302; 31 U.S.C. 3711(e) & Corporation, 1200 K Street, NW., (g); 44 U.S.C. 3101. years and 3 months after the date of the voucher, unless the transaction is at or Washington, DC 20005–4026. PURPOSE(S): below the simplified acquisition CATEGORIES OF INDIVIDUALS COVERED BY THE This system of records is maintained threshold, in which case records are SYSTEM: destroyed 3 years after the date of final for the purpose of collecting debts owed Individuals who register to use the payment. to PBGC by various individuals, My PAA application to make PBGC including, but not limited to, PBGC’s Records relating to debts of PBGC filings and payments electronically via employees and former employees, employees and former employees PBGC’s Internet Web site (http:// consultants and vendors, participants involving payroll, leave, attendance, www.pbgc.gov), including individuals and beneficiaries in terminating and and travel are maintained for various acting for plan sponsors, plan terminated pension plans covered by periods of time, as provided in National administrators, and pension Title IV of ERISA, and individuals who Archives and Records Administration practitioners such as enrolled actuaries received benefit payments to which they General Records Schedules 2 and 9. and other benefit professionals. are not entitled. This system facilitates Records relating to debts of PBGC’s compliance with the Debt participants and beneficiaries in CATEGORIES OF RECORDS IN THE SYSTEM: Collection Improvement Act of 1996. terminating and terminated pension Records include the user’s name, plans covered by Title IV of ERISA are work telephone number, work e-mail ROUTINE USES OF RECORDS MAINTAINED IN THE transferred to the Washington National SYSTEM, INCLUDING CATEGORIES OF USERS AND address, other contact information, a THE PURPOSES OF SUCH USES: Federal Records Center 6 months after temporary, PBGC-issued user ID and either the final payment to a participant 1. A record from this system of password, a user-selected user ID and and/or beneficiary, or the PBGC’s final records may be disclosed to the United password, and a secret question/secret determination that a participant or States Department of Treasury for cross- answer combination for authentication. beneficiary is not entitled to any servicing to effect debt collection in Records maintained for each pension benefits, and are usually destroyed 7 accordance with 31 U.S.C. 3711(e). plan for which the user intends to years after such payment or 2. General Routine Uses G1 and G4 participate in making filings with PBGC determination. through G9 (see Prefatory Statement of include the plan name, employer General Routine Uses) apply to this Records relating to debts of other identification number (EIN), and plan system of records. individuals are maintained until their number (PN); the plan administrator’s disposition is authorized by the name, address, phone number, and e- DISCLOSURE TO CONSUMER REPORTING National Archives and Records mail address; other contact information; AGENCIES: Administration. and the role that the user will play in Information may be disclosed to a Records are also maintained on the filing process, e.g., creating and consumer reporting agency in PBGC’s network back-up tapes. editing filings, signing filings

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electronically as the plan administrator, available on PBGC’s Internet Web site records (See Prefatory Statement of signing filings electronically as the (http://www.pbgc.gov), or by following General Routine Uses). enrolled actuary, or authorizing the procedures outlined at 29 CFR part payments to PBGC. 4902. DISCLOSURE TO CONSUMER REPORTING AGENCIES: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: CONTESTING RECORD PROCEDURES: None. 29 U.S.C. 1302, 1306, 1307, 1341, and Same as notification procedure. 1343; 44 U.S.C. 3101. POLICIES AND PRACTICES FOR STORING, RECORD SOURCE CATEGORIES: RETRIEVING, ACCESSING, RETAINING, AND PURPOSE(S): Subject individual and other DISPOSING OF RECORDS IN THE SYSTEM: This system of records is maintained registered users. STORAGE: for use in verifying the identity of, and EXEMPTIONS CLAIMED FOR THE SYSTEM: Records are maintained in an authenticating actions taken by, electronic database that is available to individuals who register to use the My None. authorized PBGC employees and PAA application to make PBGC filings. PBGC–15 contractors who have been granted ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM NAME: access to PBGC’s Intranet Web site. SYSTEM, INCLUDING CATEGORIES OF USERS AND Paper printouts are also maintained by PBGC–15, Emergency Notification THE PURPOSES OF SUCH USES: authorized PBGC personnel in Records—PBGC. PBGC General Routine Uses G1, G4, accordance with PBGC’s continuity of G5, G6, G7, and G9 apply to this system SECURITY CLASSIFICATION: operations plan. of records (See Prefatory Statement of Not applicable. General Routine Uses). RETRIEVABILITY: SYSTEM LOCATION: Records are indexed by name, DISCLOSURE TO CONSUMER REPORTING Pension Benefit Guaranty organizational component, or user ID AGENCIES: Corporation, 1200 K Street, NW., and password. None. Washington, DC 20005–4026. SAFEGUARDS: POLICIES AND PRACTICES FOR STORING, CATEGORIES OF INDIVIDUALS COVERED BY THE PBGC has adopted appropriate RETRIEVING, ACCESSING, RETAINING, AND SYSTEM: DISPOSING OF RECORDS IN THE SYSTEM: administrative, technical, and physical PBGC employees and individuals who controls in accordance with PBGC’s STORAGE: work for PBGC as contractors or as Automated Information Systems Records are maintained in automated employees of contractors. Security Program to protect the security, form in computer databases maintained CATEGORIES OF RECORDS IN THE SYSTEM: integrity, and availability of the by PBGC. Records include name, title, information, and to assure that paper and electronic records are not disclosed RETRIEVABILITY: organizational component, employer, PBGC and personal telephone numbers, to or accessed by unauthorized Records are indexed by name, user ID individuals. and password, and by plan name and PBGC and personal e-mail addresses, EIN/PN. other contact information, user ID, a RETENTION AND DISPOSAL: temporary, PBGC-issued password, and Records are maintained until they are SAFEGUARDS: a user-selected password. PBGC has adopted appropriate superseded or obsolete. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: administrative, technical, and physical SYSTEM MANAGER(S) AND ADDRESS: controls in accordance with PBGC’s 29 U.S.C. 1302; 44 U.S.C. 3101; Director, Facilities and Services Automated Information Systems Executive Order 12656, 53 FR 47491 Department, Pension Benefit Guaranty Security Program to protect the security, (1988); Presidential Decision Directive Corporation, 1200 K Street, NW., integrity, and availability of the 67 (1998). Washington, DC 20005–4026. information, and to assure that records PURPOSE(S): are not disclosed to unauthorized This system of records is maintained NOTIFICATION PROCEDURE: individuals. for use in notifying PBGC employees Procedures are detailed in PBGC RETENTION AND DISPOSAL: and individuals who work for PBGC as regulations: 29 CFR part 4902. contractors or employees of contractors Records are maintained in accordance RECORD ACCESS PROCEDURES: with PBGC’s established records of PBGC’s operating status in the event disposition schedule for premium- of an emergency, natural disaster or An employee or contractor may access related records. other event affecting PBGC operations; his or her record with a valid user-id for contacting employees or contractors and password via the electronic SYSTEM MANAGER(S) AND ADDRESS: who are out of the office on leave or notification and messaging system Director, Financial Operations after regular duty hours to obtain through PBGC’s Intranet Web site, or by Department, Pension Benefit Guaranty information necessary for official following the procedures outlined at 29 Corporation, 1200 K Street, NW., business; or to contact friends or family CFR part 4902. Washington, DC 20005–4026. members if an employee or contractor CONTESTING RECORD PROCEDURES: experiences a medical emergency in the NOTIFICATION PROCEDURE: workplace. Same as notification procedure. Procedures are detailed in PBGC regulations: 29 CFR part 4902. ROUTINE USES OF RECORDS MAINTAINED IN THE RECORD SOURCE CATEGORIES: SYSTEM, INCLUDING CATEGORIES OF USERS AND Subject individual. RECORD ACCESS PROCEDURES: THE PURPOSES OF SUCH USES: An individual may access his or her PBGC General Routine Uses G1, G4, EXEMPTIONS CLAIMED FOR THE SYSTEM: records via the My PAA application G5, G7, and G9 apply to this system of None.

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PBGC–16 or accessed by anyone who does not including arrest records, statements of have a need-to-know to perform official informants and witnesses, and SYSTEM NAME: duties. laboratory reports of evidence analysis; PBGC–16, Employee Online search warrants, summonses and Directory—PBGC RETENTION AND DISPOSAL: subpoenas; and other information Records are maintained until the SECURITY CLASSIFICATION: related to investigations. Personal data subject leaves PBGC employment. in the system may consist of names, Not applicable. SYSTEM MANAGER(S) AND ADDRESS: Social Security numbers, addresses, fingerprints, handwriting samples, SYSTEM LOCATION: Director, Communications and Public reports of confidential informants, Pension Benefit Guaranty Affairs Department, Pension Benefit physical identifying data, voiceprints, Corporation, 1200 K Street, NW., Guaranty Corporation, 1200 K Street, polygraph tests, photographs, and Washington, DC 20005–4026. NW., Washington, DC 20005–4026. individual personnel and payroll CATEGORIES OF INDIVIDUALS COVERED BY THE NOTIFICATION PROCEDURE: information. SYSTEM: Procedures are detailed in PBGC AUTHORITY FOR MAINTENANCE OF THE SYSTEM: PBGC employees. regulations: 29 CFR part 4902. 5 U.S.C. App. 3. CATEGORIES OF RECORDS IN THE SYSTEM: RECORD ACCESS PROCEDURES: PURPOSES: Employee’s name, photograph, Same as notification procedures. This system of records is used to organizational component and title, maintain information related to supervisor’s name, PBGC street address, CONTESTING RECORD PROCEDURES: investigations of criminal, civil, or room or workstation number, and Same as notification procedure. administrative matters. telephone number and extension. RECORD SOURCE CATEGORIES: ROUTINE USES OF RECORDS MAINTAINED IN AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Subject individual and PBGC SYSTEM, INCLUDING CATEGORIES OF USERS AND 29 U.S.C. 1302; 44 U.S.C. 3101. personnel records. PURPOSES OF SUCH USES: PBGC General Routine Uses G1, G2, PURPOSE(S): EXEMPTIONS CLAIMED FOR THE SYSTEM: G4, G5, G7, and G9 (see Prefatory None. This system of records is used by Statement of General Routine Uses) PBGC employees and employees of PBGC–17 apply to this system of records. In PBGC’s contractors to identify other addition: PBGC employees by name, face, SYSTEM NAME: 1. A record relating to a person held organizational component or title, or PBGC–17, Office of Inspector General in custody pending or during supervisor, and to access contact Investigative File System—PBGC. arraignment, trial, sentence, or information for PBGC employees. extradition proceedings or after SECURITY CLASSIFICATION: conviction may be disclosed to a ROUTINE USES OF RECORDS MAINTAINED IN THE Not applicable. SYSTEM, INCLUDING CATEGORIES OF USERS AND federal, state, local, or foreign prison; THE PURPOSES OF SUCH USES: SYSTEM LOCATION: probation, parole, or pardon authority; PBGC General Routine Uses G1 Office of Inspector General, Pension or any other agency or individual through G9 apply to this system of Benefit Guaranty Corporation, 1200 K involved with the maintenance, records (See Prefatory Statement of Street, NW., Washington, DC 20005– transportation, or release of such a General Routine Uses). 4026; Washington National Records person. Center, 4205 Suitland Road, Suitland, 2. A record relating to a case or matter DISCLOSURE TO CONSUMER REPORTING MD 20746–8001. may be disclosed to an actual or AGENCIES: potential party or his or her attorney for Not applicable. CATEGORIES OF INDIVIDUALS COVERED BY THE the purpose of negotiation or discussion SYSTEM: on such matters as settlement of the case POLICIES AND PRACTICES FOR STORING, 1. Persons who are named individuals or matter, plea bargaining, or informal RETRIEVING, ACCESSING, RETAINING, AND in investigations conducted by OIG. discovery proceedings. DISPOSING OF RECORDS IN THE SYSTEM: 2. Complainants and subjects of 3. A record may be disclosed to any STORAGE: complaints collected through the source, either private or governmental, Records are maintained in electronic operation of the OIG Hotline. when reasonably necessary to elicit format in a database that is available to 3. Other individuals, including information or obtain the cooperation of authorized PBGC employees and witnesses, sources, and members of the a witness or informant when conducting employees of PBGC’s contractors who general public, who are named any official investigation or during a have been granted access to PBGC’s individuals in connection with trial or hearing or when preparing for a Intranet Web site. investigations conducted by OIG. trial or hearing. 4. A record relating to a case or matter RETRIEVABILITY: CATEGORIES OF RECORDS IN THE SYSTEM: may be disclosed to a foreign country, Records are retrieved by name, or Information within this system relates through the United States Department of organizational component. to OIG investigations carried out under State or directly to the representative of applicable statutes, regulations, policies, such country, under an international SAFEGUARDS: and procedures. The investigations may treaty, convention, or executive PBGC has adopted appropriate relate to criminal, civil, or agreement; or to the extent necessary to administrative, technical, and physical administrative matters. These OIG files assist such country in apprehending or controls to protect the security, may contain investigative reports; returning a fugitive to a jurisdiction that integrity, and availability of information copies of financial, contractual, and seeks that individual’s return. maintained in electronic format, and to property management records 5. A record originating exclusively assure that records are not disclosed to maintained by PBGC; background data within this system of records may be

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disclosed to other federal offices of RETRIEVABILITY: CONTESTING RECORD PROCEDURES: inspectors general and councils Records are indexed by name or other Exempt. However, consideration will comprising officials from other federal personal identifier, subject category, or be given requests made in compliance offices of inspectors general, as required assigned case number. with 29 CFR 4902.3. by the Inspector General Act of 1978, as RECORD SOURCE CATEGORIES: amended. The purpose is to ensure that SAFEGUARDS: The information contained in this OIG audit and investigative operations Paper records, computers, and can be subject to integrity and efficiency system may be derived or received from computer-storage media are located in individual complainants, witnesses, peer reviews, and to permit other offices controlled-access areas under of inspectors general to investigate and interviews conducted during supervision of program personnel. investigations, Federal, state and local report on allegations of misconduct by Access to these areas is limited to senior OIG officials as directed by a government records, individual or authorized personnel, who must be company records, claim and payment council, the President, or Congress. identified with a badge. Access to Records originating from any other files, employer medical records, records is limited to individuals whose insurance records, court records, articles PBGC systems of records, which may be official duties require such access. duplicated in or incorporated into this from publications, financial data, bank Contractors and licensees are subject to information, telephone data, insurers, system, also may be disclosed with all contract controls and unannounced on- personally identifiable information service providers, other law site audits and inspections. Computers enforcement organizations, grantees and redacted. are protected by mechanical locks, card- subgrantees, contractors and 6. A record may be disclosed to the key systems, or other physical-access subcontractors, and other sources. Department of the Treasury and the control methods. The use of computer Department of Justice when the OIG systems is regulated with installed SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS seeks an ex parte court order to obtain security software, computer-logon OF THE ACT: taxpayer information from the Internal identifications, and operating-system Pursuant to 5 U.S.C. 552a(j) and (k), Revenue Service. controls including access controls, PBGC has established regulations at 29 terminal and transaction logging, and CFR 4902.11 that exempt records in this 7. A record may be disclosed to a file-management software. system depending on their purpose. ‘‘consumer reporting agency,’’ as that [FR Doc. 2010–15872 Filed 6–29–10; 8:45 am] term is defined in the Fair Credit RETENTION AND DISPOSAL: Reporting Act (15 U.S.C. 1681a(f)) and BILLING CODE 7709–01–P 1. Official investigative case files, the Federal Claims Collection Act of evidence and custody files, and 1966 (31 U.S.C. 3701(a)(3)), to obtain informant files are retained up to 11 information in the course of an SECURITIES AND EXCHANGE years after closeout of the investigation. investigation, audit, or evaluations. COMMISSION If significant, the files are transferred to 8. A record may be disclosed to any the National Archives and Records [Investment Company Act Release No. governmental, professional or licensing Administration. 29331; File No. 812–13218] authority when such record reflects on 2. Information reports, investigative Lazard Global Total Return and Income qualifications, either moral, educational analysis reports, and inquiry files are Fund, Inc., et al.; Notice of Application or vocational, of an individual seeking retained up to 6 years after closeout of to be licensed or to maintain a license. the investigation. June 24, 2010. 9. A record may be disclosed to any 3. Internal administrative reports are AGENCY: Securities and Exchange direct or indirect recipient of federal retained up to 3 years after closeout of Commission (‘‘Commission’’). funds, e.g., a contractor, where such the investigation. ACTION: Notice of application under record reflects problems with the Records existing on paper are section 6(c) of the Investment Company personnel working for a recipient, and destroyed by burning, pulping, or Act of 1940 (‘‘Act’’) for an exemption disclosure of the record is made to shredding. Records existing on from section 19(b) of the Act and rule permit a recipient to take corrective computer storage media are destroyed 19b–1 under the Act. action beneficial to the government. according to the applicable PBGC media Summary of Application: Applicants sanitization practice. POLICIES AND PRACTICES FOR STORING, request an order to permit certain RETRIEVING, ACCESSING, RETAINING, AND SYSTEM MANAGER(S) AND ADDRESS: registered closed-end investment DISPOSING OF RECORDS IN THE SYSTEM: companies to make periodic Inspector General, Pension Benefit distributions of long-term capital gains STORAGE: Guaranty Corporation, 1200 K Street, with respect to their outstanding NW., Washington, DC 20005–4026. common stock as frequently as monthly The information in the records is in any one taxable year, and as maintained in a variety of media, NOTIFICATION PROCEDURE: frequently as distributions are specified including paper, magnetic tapes or This system is exempt from the by or in accordance with the terms of discs, and an automated database. The notification requirements. However, any outstanding preferred stock that records are maintained in limited access consideration will be given to inquiries such investment companies may issue. areas during all times; electronic records made in compliance with 29 CFR Applicants: Lazard Global Total are maintained in computers and 4902.3. Return and Income Fund, Inc. (‘‘LGI’’), networks that require multiple Lazard World Dividend & Income Fund, individual identifications and RECORD ACCESS PROCEDURES: Inc. (‘‘LOR’’) (each, a ‘‘Fund’’) and Lazard passwords. This system is exempt from the access Asset Management LLC (the ‘‘Investment Records are also maintained on requirements. However, consideration Adviser’’). magnetic tapes and back-up hard will be given to requests made in Filing Dates: The application was drives. compliance with 29 CFR 4902.3. filed on July 25, 2005 and amended on

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July 15, 2009, September 3, 2009, May investment objective is total return, asset value per common share, any of 5, 2010 and June 8, 2010. consisting of capital appreciation and which may be adjusted from time to Hearing or Notification of Hearing: An income. LOR’s investment objective is time. Applicants state that the minimum order granting the application will be total return through a combination of annual distribution rate with respect to issued unless the Commission orders a dividends, income and capital LGI’s and LOR’s common stock would hearing. Interested persons may request appreciation. The common shares be independent of performance during a hearing by writing to the issued by LGI and LOR are listed on the any particular period but would be Commission’s Secretary and serving NYSE. As of the date of the application, expected to correlate with such Fund’s applicants with a copy of the request, LGI and LOR did not intend to issue any performance over time. Applicants personally or by mail. Hearing requests shares of preferred stock. Applicants further explain that each distribution on should be received by the Commission believe that the shareholders of LGI and the common shares would be at the by 5:30 p.m. on July 20, 2010, and LOR are generally conservative, stated rate then in effect, except for should be accompanied by proof of dividend-sensitive investors who desire extraordinary distributions and service on applicants, in the form of an current income periodically. potential increases or decreases in the affidavit or, for lawyers, a certificate of 2. The Investment Adviser, a final dividend periods in light of the service. Hearing requests should state subsidiary of Lazard Fre`res & Co., is Fund’s performance for the entire the nature of the writer’s interest, the registered as an investment adviser calendar year and to enable the Fund to reason for the request, and the issues under the Investment Advisers Act of comply with the distribution contested. Persons who wish to be 1940. The Investment Adviser serves as requirements of Subchapter M of the notified of a hearing may request investment adviser to LGI and LOR. Internal Revenue Code (‘‘Code’’) for the notification by writing to the 3. Applicants state that on June 2, calendar year. Commission’s Secretary. 2009 and August 20, 2009, respectively, 5. Prior to a Fund relying on the ADDRESSES: Secretary, Securities and the boards of directors of LGI and LOR Order, the Fund’s Board, including a Exchange Commission, 100 F Street, (each, a ‘‘Board’’), including a majority majority of its Independent Directors, NE., Washington, DC 20549–1090; of the members of each Board who are will adopt policies and procedures Applicants, 30 Rockefeller Plaza, New not ‘‘interested persons’’ as defined in under rule 38a–1 under the Act that (a) York, New York 10112–6300, Contact: section 2(a)(19) of the Act (the are reasonably designed to ensure that Brian D. Simon, Esq. ‘‘Independent Directors’’), reviewed all notices sent to the Fund’s FOR FURTHER INFORMATION CONTACT: information regarding the purpose and shareholders pursuant to section 19(a) Emerson S. Davis, Senior Counsel, at terms of a proposed distribution policy, of the Act, rule 19a–1 under the Act and (202) 551–6868, or Julia K. Gilmer, the relationship between LGI’s or LOR’s condition IV below (each a ‘‘19(a) Branch Chief, at (202) 551–6821 distribution rate on its common shares Notice’’) include the disclosure required (Division of Investment Management, under the policy and its total return (in by rule 19a–1 under the Act and by Office of Investment Company relation to net asset value per share), condition II.A. below, and that all other Regulation). whether the rate of distribution would written communications by the Fund or exceed LGI’s or LOR’s expected total its agents regarding distributions under SUPPLEMENTARY INFORMATION: The return in relation to its net asset value the Fund’s Plan include the disclosure following is a summary of the per share and any reasonably required by condition III.A. below and application. The complete application foreseeable material effects of such (b) that require each Fund to keep may be obtained via the Commission’s policy on LGI’s or LOR’s long-term total records that demonstrate its compliance Web site by searching for the file return (in relation to market price and with all of the conditions of the number, or for an applicant using the net asset value per share). Applicants requested order and that are necessary Company name box, at http:// state that the Independent Directors of for such Fund to form the basis for, or www.sec.gov/search/search.htm, or by LGI and LOR also considered what demonstrate the calculation of, the calling (202) 551–8090. conflicts of interest the Investment amounts disclosed in its 19(a) Notices. Applicants’ Representations Adviser and the affiliated persons of the Investment Adviser and LGI and LOR Applicants’ Legal Analysis 1. Each of LGI and LOR is a closed- might have with respect to the adoption 1. Section 19(b) generally makes it end management investment company or implementation of such policy. unlawful for any registered investment registered under the Act.1 LGI’s Applicants further state that after company to make long-term capital considering such information, the gains distributions more than once 1 All existing registered closed-end investment companies that currently intend to rely on the Board, including the Independent every twelve months. Rule 19b–1 limits requested order are named as applicants. Directors, approved a distribution the number of capital gains dividends, Applicants request that the order also apply to each policy with respect to each of LGI’s and as defined in section 852(b)(3)(C) of the registered closed-end investment company that in LOR’s common shares (each a ‘‘Plan’’) Code (‘‘distributions’’), that a fund may the future is advised by the Investment Adviser (including any successor in interest) or by an entity and determined that such Plan is in the make with respect to any one taxable controlling, controlled by, or under common best interests of each respective Fund’s year to one, plus a supplemental ‘‘clean control (within the meaning of section 2(a)(9) of the common shareholders. up’’ distribution made pursuant to Act) with the Investment Adviser. Any closed-end 4. Applicants state that the purpose of section 855 of the Code not exceeding investment company that relies on the requested order in the future will comply with the terms and LGI’s and LOR’s Plans is to make fixed 10% of the total amount distributed for conditions of the order and will satisfy each of the periodic distributions to provide steady the year, plus one additional capital representations in the application except that such cash flow to LGI’s and LOR’s gain dividend made in whole or in part representations will be made in respect of actions shareholders. Under each Plan, each of by the board of trustees or directors of such future to avoid the excise tax under section fund and will be made at a future time. LGI, LOR LGI and LOR would distribute to its 4982 of the Code. and as the context requires, such future funds, are respective common shareholders a 2. Section 6(c) provides, in relevant collectively referred to as the ‘‘Funds’’ and periodic, level distribution as frequently part, that the Commission may exempt separately as a ‘‘Fund’’. A successor in interest is as monthly, based on a fixed amount per any person or transaction from any limited to an entity that results from a reorganization into another jurisdiction or a change share, a fixed percentage of market price provision of the Act to the extent that in the type of business organization. or a fixed percentage of the Fund’s net such exemption is necessary or

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appropriate in the public interest and dividend’’), where the dividend would returns of capital 2 (to the extent net consistent with the protection of result in an immediate corresponding investment income and realized short- investors and the purposes fairly reduction in NAV and would be in term capital gains are insufficient to intended by the policy and provisions of effect a taxable return of the investor’s fund the distribution), even though the Act. capital. Applicants assert that the realized net long-term capital gains 3. Applicants state that the one of the ‘‘selling the dividend’’ concern should otherwise could be available. To concerns leading to the enactment of not apply to closed-end investment distribute all of a fund’s long-term section 19(b) and adoption of rule 19b– companies, such as the Funds, which do capital gains within the limits in rule 1 was that shareholders might be unable not continuously distribute shares. 19b–1, a fund may be required to make to distinguish between frequent According to applicants, if the total distributions in excess of the distributions of capital gains and underlying concern extends to annual amount called for by its periodic dividends from investment income. secondary market purchases of shares of distribution plan, or to retain and pay Applicants state, however, that rule closed-end funds that are subject to a taxes on the anomalous excess amount. 19a–1 effectively addresses this concern large upcoming capital gains dividend, Applicants assert that the requested by requiring that a separate statement adoption of a periodic distribution plan order would minimize these anomalous showing the sources of a distribution actually helps minimize the concern by effects of rule 19b–1 by enabling the (e.g., estimated net income, net short- avoiding, through periodic Funds to realize long-term capital gains term capital gains, net long-term capital distributions, any buildup of large end- as often as investment considerations gains and/or return of capital) of-the-year distributions. dictate without fear of violating rule accompany any distributions (or the 6. Applicants also note that common 19b–1. confirmation of the reinvestment of shares of closed-end funds that invest 9. Applicants state that Revenue distributions) estimated to be sourced in primarily in equity securities often trade Ruling 89–81 under the Code requires part from capital gains or capital. in the marketplace at a discount to their that a fund that seeks to qualify as a Applicants also state that the same NAV. Applicants believe that this regulated investment company under information is, or will be, included in discount may be reduced if the Fund is the Code and that has both common each Fund’s annual report to permitted to pay relatively frequent stock and preferred stock outstanding shareholders and on its IRS Form 1099– dividends on their common shares at a designate the types of income, e.g., DIV, which is sent to each common and consistent rate, whether or not those investment income and capital gains, in preferred shareholder who received dividends contain an element of long- the same proportion as the total distributions during a particular year term capital gain. distributions distributed to each class (including shareholders who have sold 7. Applicants assert that the for the tax year. To satisfy the shares during a particular year). application of rule 19b–1 to a Plan proportionate designation requirements 4. Applicants further state that each of actually could have an inappropriate of Revenue Ruling 89–81, whenever a the Funds will make the additional influence on portfolio management fund has realized a long-term capital disclosures required by the conditions decisions. Applicants state that, in the gain with respect to a given tax year, the set forth below, and each of them will absence of an exemption from rule 19b– fund must designate the required adopt compliance policies and 1, the adoption of a periodic proportionate share of such capital gain procedures in accordance with rule distribution plan imposes pressure on to be included in common and preferred 38a–1 under the Act to ensure that all management (i) not to realize any net stock dividends. Applicants state that 19(a) Notices and disclosures are sent to long-term capital gains until the point in although rule 19b–1 allows a fund some shareholders. Applicants argue that rule the year that the fund can pay all of its flexibility with respect to the frequency 19a–1, the Plans and the compliance remaining distributions in accordance of capital gains distributions, a fund policies would ensure that each Fund’s with rule 19b–1, and (ii) not to realize might use all of the exceptions available shareholders are provided sufficient any long-term capital gains during any under the rule for a tax year and still information to understand that their particular year in excess of the amount need to distribute additional capital periodic distributions are not tied to the of the aggregate pay-out for the year gains allocated to the preferred stock to Fund’s net investment income (which (since as a practical matter excess gains comply with Revenue Ruling 89–81. for this purpose is the Fund’s taxable must be distributed and accordingly 10. Applicants assert that the income other than from capital gains) would not be available to satisfy pay-out potential abuses addressed by section and realized capital gains to date, and requirements in following years), 19(b) and rule 19b–1 do not arise with may not represent yield or investment notwithstanding that purely investment respect to preferred stock issued by a return. Applicants also state that considerations might favor realization of closed-end fund. Applicants assert that compliance with each Fund’s long-term gains at different times or in such distributions are fixed or compliance procedures and condition different amounts. Applicants assert determined in periodic auctions by III set forth below will ensure that that the limitation on the number of reference to short-term interest rates prospective shareholders and third capital gain distributions that a fund rather than by reference to performance parties are provided with the same may make with respect to any one year of the issuer and Revenue Ruling 89–81 information. Accordingly, applicants imposed by rule 19b–1 may prevent the determines the proportion of such assert that continuing to subject the normal and efficient operation of a distributions that are comprised of the Funds to section 19(b) and rule 19b–1 periodic distribution plan whenever long-term capital gains. would afford shareholders no extra that fund’s realized net long-term 11. Applicants also submit that the protection. capital gains in any year exceed the total ‘‘selling the dividend’’ concern is not 5. Applicants note that section 19(b) of the periodic distributions that may applicable to preferred stock, which and rule 19b–1 also were intended to include such capital gains under the entitles a holder to no more than a prevent certain improper sales practices, rule. periodic dividend at a fixed rate or the including, in particular, the practice of 8. Applicants also assert that rule urging an investor to purchase shares of 19b–1 may force fixed regular periodic 2 Returns of capital as used in the application a fund on the basis of an upcoming distributions under a periodic means return of capital for financial accounting capital gains dividend (‘‘selling the distribution plan to be funded with purposes and not for tax accounting purposes.

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rate determined by the market, and, like short-term capital gains; (C) net realized Such disclosure shall be made in a a debt security, is priced based upon its long-term capital gains; and (D) return type size at least as large as and as liquidation value, dividend rate, credit of capital or other capital source; prominent as any other information in quality and frequency of payment. (c) The average annual total return in the 19(a) Notice and placed on the same Applicants state that investors buy relation to the change in NAV for the 5- page in close proximity to the amount preferred shares for the purpose of year period (or, if the Fund’s history of and the sources of the distribution. receiving payments at the frequency operations is less than five years, the B. On the inside front cover of each bargained for, and do not expect the time period commencing immediately report to shareholders under rule 30e– liquidation value of their shares to following the Fund’s first public 1 under the Act, the Fund will: change. offering) ending on the last day of the 1. Describe the terms of the Plan 12. Applicants request an order under month ended immediately prior to the (including the fixed amount or fixed section 6(c) granting an exemption from most recent distribution record date percentage of the distributions and the the provisions of section 19(b) and rule compared to the current fiscal period’s frequency of the distributions); 19b–1 to permit each Fund to make annualized distribution rate expressed 2. Include the disclosure required by periodic capital gain distributions (as as a percentage of NAV as of the last day condition II.A.2.(a) above; defined in section 852(b)(3)(C) of the of the month prior to the most recent 3. State, if applicable, that the Plan Code) as often as monthly in any one distribution record date; and provides that the Board may amend or taxable year in respect of its common (d) The cumulative total return in terminate the Plan at any time without shares and as often as specified by or relation to the change in NAV from the prior notice to Fund shareholders; and determined in accordance with the last completed fiscal year to the last day 4. Describe any reasonably foreseeable terms thereof in respect of its preferred of the month prior to the most recent circumstances that might cause the shares. distribution record date compared to the Fund to terminate the Plan and any fiscal year-to-date cumulative reasonably foreseeable consequences of Applicants’ Conditions distribution rate expressed as a such termination. Applicants agree that the order of the percentage of NAV as of the last day of C. Each report provided to Commission granting the requested the month prior to the most recent shareholders under rule 30e–1 and each relief will be subject to the following distribution record date. prospectus filed with the Commission conditions: Such disclosure shall be made in a on Form N–2 under the Act, will I. Compliance Review and Reporting. type size at least as large and as provide the Fund’s total return in The Fund’s chief compliance officer prominent as the estimate of the sources relation to changes in NAV in the will: (a) Report to the Fund’s Board, no of the current distribution; and financial highlights table and in any less frequently than once every three 2. Will include the following discussion about the Fund’s total return. months or at the next regularly disclosure: III. Disclosure to Shareholders, scheduled quarterly Board meeting, (a) ‘‘You should not draw any Prospective Shareholders and Third whether (i) the Fund and its Investment conclusions about the Fund’s Parties: A. Each Fund will include the Adviser have complied with the investment performance from the information contained in the relevant conditions of the Order, and (ii) a amount of this distribution or from the 19(a) Notice, including the disclosure material compliance matter, as defined terms of the Fund’s Plan’’; required by condition II.A.2 above, in in rule 38a–1(e)(2) under the Act, has (b) ‘‘The Fund estimates that it has any written communication (other than occurred with respect to such distributed more than its income and a communication on Form 1099) about conditions; and (b) review the adequacy net realized capital gains; therefore, a the Plan or distributions under the Plan of the policies and procedures adopted portion of your distribution may be a by the Fund, or agents that the Fund has by the Board no less frequently than return of capital. A return of capital may authorized to make such annually. occur, for example, when some or all of communication on the Fund’s behalf, to II. Disclosures to Fund Shareholders: the money that you invested in the any Fund common shareholder, A. Each 19(a) Notice disseminated to the Fund is paid back to you. A return of prospective common shareholder or holders of the Fund’s common shares, capital distribution does not necessarily third-party information provider; in addition to the information required reflect the Fund’s investment B. The Fund will issue, by section19(a) and rule 19a–1: performance and should not be contemporaneously with the issuance of 1. Will provide, in a tabular or confused with ‘yield’ or ‘income’ ’’ 3; and any 19(a) Notice, a press release graphical format: (c) ‘‘The amounts and sources of containing the information in the 19(a) (a) The amount of the distribution, on distributions reported in this 19(a) Notice and will file with the a per common share basis, together with Notice are only estimates and are not Commission the information contained the amounts of such distribution being provided for tax reporting in such 19(a) Notice, including the amount, on a per common share basis purposes. The actual amounts and disclosure required by condition II.A.2 and as a percentage of such distribution sources of the amounts for tax reporting above, as an exhibit to its next filed amount, from estimated: (A) Net purposes will depend upon the Fund’s Form N–CSR; and investment income; (B) net realized investment experience during the C. The Fund will post prominently a short-term capital gains; (C) net realized remainder of its fiscal year and may be statement on its (or the Investment long-term capital gains; and (D) return subject to changes based on tax Adviser’s) Web site containing the of capital or other capital source; regulations. The Fund will send you a information in each 19(a) Notice, (b) The fiscal year-to-date cumulative Form 1099–DIV for the calendar year including the disclosure required by amount of distributions, on a per that will tell you how to report these condition II.A.2 above, and will common share basis, together with the distributions for federal income tax maintain such information on such Web ’’ amounts of such cumulative amount, on purposes. site for at least 24 months. a per common share basis and as a IV. Delivery of 19(a) Notices to 3 percentage of such cumulative amount The disclosure in condition II.A.2.(b) will be Beneficial Owners: If a broker, dealer, included only if the current distribution or the of distributions, from estimated: (A) Net fiscal year-to-date cumulative distributions are bank or other person (‘‘financial investment income; (B) net realized estimated to include a return of capital. intermediary’’) holds common stock

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issued by a Fund in nominee name, or (2) The reasonably foreseeable are specified by or determined in otherwise, on behalf of a beneficial material effects of the Plan on the accordance with the terms of any owner, the Fund: (a) Will request that Fund’s long-term total return in relation outstanding preferred stock that such the financial intermediary, or its agent, to the market price and NAV of the Fund may issue. forward the 19(a) Notice to all beneficial Fund’s common shares; and VII. Amendments to Rule 19b–1: The owners of the Fund’s shares held (3) The Fund’s current distribution requested order will expire on the through such financial intermediary; (b) rate, as described in condition V.B effective date of any amendments to rule will provide, in a timely manner, to the above, compared with the Fund’s 19b–1 that provide relief permitting financial intermediary, or its agent, average annual taxable income or total certain closed-end investment enough copies of the 19(a) Notice return over the 2-year period, as companies to make periodic assembled in the form and at the place described in condition V.B, or such distributions of long-term capital gains that the financial intermediary, or its longer period as the Board deems with respect to their outstanding agent, reasonably requests to facilitate appropriate; and common stock as frequently as twelve the financial intermediary’s sending of (c) Based upon that determination, times each year. will approve or disapprove the the 19(a) Notice to each beneficial For the Commission, by the Division of owner of the Fund’s shares; and (c) continuation, or continuation after Investment Management, under delegated upon the request of any financial amendment, of the Plan; and authority. intermediary, or its agent, that receives 2. The Board will record the Florence E. Harmon, information considered by it, including copies of the 19(a) Notice, will pay the Deputy Secretary. its consideration of the factors listed in financial intermediary, or its agent, the [FR Doc. 2010–15887 Filed 6–29–10; 8:45 am] reasonable expenses of sending the 19(a) condition V.B.1.(b) above, and the basis BILLING CODE 8010–01–P Notice to such beneficial owners. for its approval or disapproval of the V. Additional Board Determinations continuation, or continuation after amendment, of the Plan in its meeting for Funds Whose Shares Trade at a SECURITIES AND EXCHANGE minutes, which must be made and Premium: If: A. A Fund’s common COMMISSION shares have traded on the exchange that preserved for a period of not less than they primarily trade on at the time in six years from the date of such meeting, [File No. 500–1] question at an average premium to NAV the first two years in an easily accessible Aris Industries, Inc., Bene Io, Inc., equal to or greater than 10%, as place. Commodore Separation Technologies, determined on the basis of the average VI. Public Offerings: A Fund will not Inc., Food Integrated Technologies, of the discount or premium to NAV of make a public offering of the Fund’s Inc., Gap Instrument Corp., Skysat the Fund’s common shares as of the common shares other than: Communications Network Corp., and close of each trading day over a 12-week A. A rights offering below NAV to Vicon Fiber Optics Corp.; Order of rolling period (each such 12-week holders of the Fund’s common shares; B. An offering in connection with a Suspension of Trading rolling period ending on the last trading dividend reinvestment plan, merger, day of each week); and consolidation, acquisition, spin-off or June 28, 2010. B. The Fund’s annualized distribution reorganization of the Fund; or It appears to the Securities and rate for such 12-week rolling period, C. An offering other than an offering Exchange Commission that there is a expressed as a percentage of NAV as of described in conditions VI.A and VI.B lack of current and accurate information the ending date of such 12-week rolling above, provided that, with respect to concerning the securities of Aris period, is greater than the Fund’s such other offering: Industries, Inc. because it has not filed average annual total return in relation to 1. The Fund’s annualized distribution any periodic reports since the period the change in NAV over the 2-year rate for the six months ending on the ended June 30, 2004. period ending on the last day of such last day of the month ended It appears to the Securities and 12-week rolling period; then: immediately prior to the most recent Exchange Commission that there is a 1. At the earlier of the next regularly distribution record date,4 expressed as a lack of current and accurate information scheduled meeting or within four percentage of NAV per share as of such concerning the securities of Bene Io, Inc. months of the last day of such 12-week date, is no more than 1 percentage point because it has not filed any periodic rolling period, the Board including a greater than the Fund’s average annual reports since the period ended majority of the Independent Directors: total return for the 5-year period ending September 30, 2000. (a) Will request and evaluate, and the on such date; 5 and It appears to the Securities and Investment Adviser will furnish, such 2. The transmittal letter Exchange Commission that there is a information as may be reasonably accompanying any registration lack of current and accurate information necessary to make an informed statement filed with the Commission in concerning the securities of Commodore determination of whether the Plan connection with such offering discloses Separation Technologies, Inc. because it should be continued or continued after that the Fund has received an order has not filed any periodic reports since amendment; under section 19(b) to permit it to make the period ended June 30, 2004. (b) Will determine whether periodic distributions of long-term It appears to the Securities and continuation, or continuation after capital gains with respect to its common Exchange Commission that there is a amendment, of the Plan is consistent stock as frequently as twelve times each lack of current and accurate information with the Fund’s investment objective(s) year, and as frequently as distributions concerning the securities of Food and policies and in the best interests of Integrated Technologies, Inc. because it the Fund and its shareholders, after 4 If the Fund has been in operation fewer than six has not filed any periodic reports since considering the information in months, the measured period will begin the period ended January 31, 1997. condition V.B.1.(a) above; including, immediately following the Fund’s first public It appears to the Securities and without limitation: offering. 5 If the Fund has been in operation fewer than five Exchange Commission that there is a (1) Whether the Plan is accomplishing years, the measured period will begin immediately lack of current and accurate information its purpose(s); following the Fund’s first public offering. concerning the securities of Gap

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Instrument Corp. because it has not filed SECURITIES AND EXCHANGE office of the Exchange, and at the any periodic reports since the period COMMISSION Commission’s Public Reference Room. ended September 30, 1997. [Release No. 34–62358; File No. SR–NSX– II. Self-Regulatory Organization’s It appears to the Securities and 2010–06] Statement of the Purpose of, and Exchange Commission that there is a Statutory Basis for, the Proposed Rule lack of current and accurate information Self-Regulatory Organizations; Change National Stock Exchange, Inc.; Notice concerning the securities of Skysat In its filing with the Commission, the Communications Network Corp. of Filing and Immediate Effectiveness of Proposed Rule Change To Exchange included statements because it has not filed any periodic Implement an Equity Rights Program concerning the purpose of and basis for reports since the period ended the proposed rule change and discussed September 30, 1997. June 22, 2010. any comments it received on the It appears to the Securities and Pursuant to Section 19(b)(1) of the proposed rule change. The text of these Exchange Commission that there is a Securities Exchange Act of 1934 (the statements may be examined at the 1 2 lack of current and accurate information ‘‘Act’’) and Rule 19b–4 thereunder, places specified in Item IV below. The concerning the securities of Vicon Fiber notice is hereby given that on June 15, Exchange has prepared summaries, set 2010, National Stock Exchange, Inc. Optics Corp. because it has not filed any forth in sections A, B, and C below, of (‘‘NSX®’’ or ‘‘Exchange’’) filed with the periodic reports since the period ended the most significant parts of such Securities and Exchange Commission statements. September 30, 2003. (‘‘Commission’’) the proposed rule The Commission is of the opinion that change, as described in Items I, II, and A. Self-Regulatory Organization’s the public interest and the protection of III below, which Items have been Statement of the Purpose of, and investors require a suspension of trading prepared by the Exchange. The Statutory Basis for, the Proposed Rule in the securities of the above-listed Commission is publishing this notice to Change companies. Therefore, it is ordered, solicit comment on the proposed rule 1. Purpose pursuant to Section 12(k) of the change from interested persons. With this rule change, the Exchange is Securities Exchange Act of 1934, that I. Self-Regulatory Organization’s proposing to implement an equity rights trading in the securities of the above- Statement of the Terms of Substance of program pursuant to which warrants for listed companies is suspended for the the Proposed Rule Change common stock of the Exchange’s parent period from 9:30 a.m. EDT on June 28, NSX is proposing to implement an holding company, NSX Holdings, Inc. 2010, through 11:59 p.m. EDT on July equity rights program pursuant to which (‘‘Holdings’’), will be issued to each ETP 12, 2010. warrants may be purchased that would Holder who participates in the program By the Commission. allow equity in the Exchange’s parent in exchange for such ETP Holder Elizabeth M. Murphy, holding company to be acquired based participant’s initial cash capital Secretary. on, among other things, a participating contribution of $250,000, and with such ETP Holder’s payment of an initial warrants being exercisable upon the [FR Doc. 2010–16000 Filed 6–28–10; 11:15 am] purchase price for the warrants and achievement by the participating ETP BILLING CODE 8010–01–P achievement of certain liquidity adding Holder of the following liquidity adding volume thresholds on the Exchange over volume thresholds (measured as a a six month measuring period. percentage of total consolidated average The text of the proposed rule change daily volume) on the Exchange during a is available on the Exchange’s Web site six month measurement period at http://www.nsx.com, at the principal commencing June 15, 2010:

Participating ETP holder’s liquidity adding ADV as % of total consolidated ADV Participating ETP holder’s total exercisable warrants

Tier 1: ...... > 15 basis points ...... 4,575 Tier 2: ...... > 25 and < 30 basis points ...... 19,575 Tier 3: ...... > 30 and < 35 basis points ...... 22,075 Tier 4: ...... > 35 and < 40 basis points ...... 24,575 Tier 5: ...... > 40 basis points ...... 24,575 plus participation in bonus pool.

For purposes of the program, the term average daily volume reported by all adding volume to total consolidated ‘‘Liquidity Adding ADV’’ means, with exchanges and trade reporting facilities volume will be excluded. In addition, respect to a participating ETP Holder, to the consolidated transaction reporting the number of shares executed by ETP the number of shares such ETP Holder plans for Tape A, B and C securities. For Holders under common ownership and has executed as a liquidity provider on purposes of calculating an ETP Holder’s control may be aggregated for purposes average per trading day (excluding Liquidity Adding ADV as a percentage of calculating average daily volumes. partial trading days) across all tapes on of Total Consolidated ADV over the Total Bonus Pool shares shall equal NSX for the measuring period in which measuring period, the 10 days during the number of warrant holders achieving Tier 5 multiplied by 10,000. the executions occurred. The term the measuring period constituting that Each warrant holder eligible for ‘‘Total Consolidated ADV’’ means ETP Holder’s lowest ratio of liquidity participation in the Bonus Pool shall be

1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4.

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entitled to exercise its Bonus Pool shall not constitute an offer to sell or a (known on the Exchange as an ETP warrants for a number of Bonus Pool solicitation of an offer to buy securities. Holder). At any time within sixty (60) shares determined by the following days of the filing of such proposed rule Measurement Period and Notice formula: number of shares in Bonus change, the Commission may summarily Pool multiplied by a fraction, the The Exchange intends to commence abrogate such rule change if it appears numerator of which is the eligible the six month measurement period for to the Commission that such action is holder’s Liquidity Adding ADV in the equity award program on June 15, necessary or appropriate in the public excess of 40 basis points of Total 2010. The Exchange will provide ETP interest, for the protection of investors, Consolidated ADV and the denominator Holders with notice of the or otherwise in furtherance of the of which is the total of all eligible implementation of this program through purposes of the Act. holders’ Liquidity Adding ADV in the issuance of a Regulatory Circular IV. Solicitation of Comments excess of 40 basis points of Total and will post a copy of this rule filing Consolidated ADV. on the Exchange’s Web site (http:// Interested persons are invited to The maximum number of shares www.nsx.com). Any ETP Holder that is submit written data, views, and issued under the program will be interested in participating in this arguments concerning the foregoing, 103,724. The number of shares that program may contact John J. McCoy, including whether the proposed rule would otherwise be issued to warrant Chief Legal Officer of the Exchange, at change is consistent with the Act. holders if in excess of this limit will, at (201) 499–1854, for more information Comments may be submitted by any of the time of warrant exercise, be reduced and legal documentation. Execution the following methods: among the parties of a non-disclosure for each warrant on a pro rata basis. Electronic Comments Warrant exercise will not be permitted agreement regarding such additional • to the extent that exercise would result program information will be required. Use the Commission’s Internet in a warrant holder’s pro forma comment form (http://www.sec.gov/ 2. Statutory Basis rules/sro.shtml); or ownership in Holdings exceeding 19.9% • or any lower percentage cap that is The Exchange believes that the Send an e-mail to rule- applicable to such warrant holder due to proposed rule change is consistent with [email protected]. Please include File legal or regulatory limitations. The the provisions of Section 6(b) of the Number SR–NSX–2010–06 on the warrants are not transferrable, and all Act,3 in general, and Section 6(b)(4) of subject line. 4 shares issued pursuant to the terms of the Act, in particular, in that it is Paper Comments the warrants are subject to ownership designed to provide for the equitable • Send paper comments in triplicate and voting limits and transfer allocation of reasonable dues, fees and to Elizabeth M. Murphy, Secretary, restrictions as stated in Holding’s other charges among its members and Securities and Exchange Commission, Certificate of Incorporation and By-laws. other persons using the facilities of the Each participating ETP Holder will Exchange. Moreover, the proposed rule 100 F Street, NE., Washington, DC also receive the option to participate in change is not discriminatory in that all 20549–1090. any second rights program made by the ETP Holders are eligible to participate All submissions should refer to File Exchange and Holdings covering a six (or elect to not participate) in the Number SR–NSX–2010–06. This file month measuring period shortly program on the same terms and number should be included on the following the current measuring period, conditions. subject line if e-mail is used. To help the on the same terms and conditions as all Commission process and review your B. Self-Regulatory Organization’s comments more efficiently, please use other participants in such program, but Statement on Burden on Competition with the new cash contribution required only one method. The Commission will for participation in such program fixed The Exchange does not believe that post all comments on the Commission’s at $250,000. All other participants in the proposed rule change will impose Internet Web site (http://www.sec.gov/ any such second program will pay a any inappropriate burden on rules/sro.shtml). Copies of the cash contribution that is the same for competition. submission, all subsequent each such participant, in an amount that C. Self-Regulatory Organization’s amendments, all written statements is based on a determination made by Statement on Comments on the with respect to the proposed rule Holdings at the time of announcement Proposed Rule Change Received From change that are filed with the of any such program. Members, Participants, or Others Commission, and all written Participants must have executed the communications relating to the The Exchange has neither solicited definitive documentation (including a proposed rule change between the nor received written comments on the Warrant Purchase Agreement) and Commission and any person, other than proposed rule change. tendered the minimum cash investment those that may be withheld from the by June 30, 2010. All program terms, III. Date of Effectiveness of the public in accordance with the rights and obligations are subject to final Proposed Rule Change and Timing for provisions of 5 U.S.C. 552, will be documentation to be executed by Commission Action available for Web site viewing and participating ETP Holders, which final The proposed rule change has taken printing in the Commission’s Public documentation may contain terms that effect upon filing pursuant to Section Reference Room, 100 F Street, NE., supplement those summarized herein. 19(b)(3)(A)(ii) of the Act 5 and Washington, DC 20549, on official In addition to the payment of the subparagraph (f)(2) of Rule 19b–4 6 business days between the hours of 10 purchase price and the execution of the thereunder, because, as provided in a.m. and 3 p.m. Copies of the filing will purchase agreement, participating ETP (f)(2), it changes ‘‘a due, fee or other also be available for inspection and Holders must qualify as ‘‘accredited charge applicable only to a member’’ copying at the principal office of the investors’’ (as such term is defined in self-regulatory organization. All Regulation D of the Securities Act of 3 15 U.S.C. 78f(b). comments received will be posted 1933). All participating ETP Holders 4 15 U.S.C. 78f(b)(4). without change; the Commission does will participate on the same terms, 5 15 U.S.C. 78s(b)(3)(A)(ii). not edit personal identifying conditions and restrictions. This filing 6 17 CFR 240.19b–4. information from submissions. You

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should submit only information that change is available from the principal BOX from June 30, 2006 to September you wish to make available publicly. All office of the Exchange, at the 30, 2006,10 from September 30, 2006 submissions should refer to File Commission’s Public Reference Room until January 31, 2007,11 from January Number SR–NSX–2010–06 and should and also on the Exchange’s Internet Web 31, 2007 until July 31, 2007,12 from July be submitted on or before July 21, 2010. site at http:// 31, 2007 until January 31, 2008,13 from For the Commission, by the Division of nasdaqomxbx.cchwallstreet.com/ January 31, 2008 until January 31, Trading and Markets, pursuant to delegated NASDAQOMXBX/Filings/. 2009,14 from January 31, 2009 until May 7 29, 2009,15 from May 29, 2009 until authority. II. Self-Regulatory Organization’s November 30, 2009,16 from November Florence E. Harmon, Statement of the Purpose of, and 30, 2009 until February 26, 2010,17 from Deputy Secretary. Statutory Basis for, the Proposed Rule February 26, 2010 until April 30, [FR Doc. 2010–15822 Filed 6–29–10; 8:45 am] Change 2010,18 and from April 30, 2010 until BILLING CODE 8010–01–P In its filing with the Commission, the June 25, 2010,19 respectively, while the self-regulatory organization included Commission considered the SECURITIES AND EXCHANGE statements concerning the purpose of, corresponding Exchange proposal. COMMISSION and basis for, the proposed rule change This filing from the Exchange again and discussed any comments it received proposes extending the effective date of [Release No. 34–62366; File No. SR–BX– on the proposed rule change. The text the amended rule governing its Directed 2010–041] of these statements may be examined at Order process on BOX, from June 25, the places specified in Item IV below. 2010 to December 31, 2010.20 In the Self-Regulatory Organizations; The self-regulatory organization has event the Commission reaches a NASDAQ OMX BX, Inc.; Notice of Filing prepared summaries, set forth in decision with respect to the and Immediate Effectiveness of Sections A, B, and C below, of the most corresponding Exchange proposal to Proposed Rule Change Extending the significant aspects of such statements. amend the BOX Rules before December Effective Date of the Rule Governing 31, 2010, the amended rule governing the Exchange’s Directed Order A. Self-Regulatory Organization’s the Directed Order process on the BOX Process on the Boston Options Statement of the Purpose of, and will cease to be effective at the time of Exchange Statutory Basis for, the Proposed Rule Change that decision. June 23, 2010. 2. Basis Pursuant to Section 19(b)(1) of the 1. Purpose Securities Exchange Act of 1934 On March 14, 2006, the Exchange The amended rule is designed to (‘‘Act’’),1 and Rule 19b–4 thereunder,2 proposed an amendment to the BOX clarify the information contained in a notice is hereby given that on June 21, Rules governing the Directed Order 6 Directed Order. This proposed rule 2010, NASDAQ OMX BX, Inc. (the process on BOX.7 The Rules were filing seeks to extend the amended ‘‘Exchange’’) filed with the Securities amended to clearly state that the BOX rule’s effectiveness from June 25, 2010 and Exchange Commission Trading Host identifies to an Executing to December 31, 2010. This extension (‘‘Commission’’) the proposed rule Participant (‘‘EP’’) the identity of the will afford the Commission the change as described in Items I and II firm entering a Directed Order. The necessary time to consider the below, which Items have been prepared amended rule was to be effective until 10 by the self-regulatory organization. The ‘‘ ’’ See Securities Exchange Act Release No. 54082 June 30, 2006, ( Pilot Program ) while (June 30, 2006), 71 FR 38913 (July 10, 2006) (SR– Exchange filed the proposed rule change the Securities and Exchange BSE–2006–29). pursuant to Section 19(b)(3)(A) of the Commission (‘‘Commission’’) considered 11 See Securities Exchange Act Release No. 54469 Act,3 and Rule 19b–4(f)(6) thereunder,4 a corresponding Exchange proposal 8 to (September 19, 2006), 71 FR 56201 (September 26, which renders the proposal effective amend its rules to permit EPs to choose 2006) (SR–BSE–2006–38). upon filing with the Commission. The 12 See Securities Exchange Act Release No. 55139 the firms from whom they will accept (January 19, 2007), 72 FR 3448 (January 25, 2007) Commission is publishing this notice to Directed Orders, while providing (SR–BSE–2007–01). solicit comments on the proposed rule complete anonymity of the firm entering 13 See Securities Exchange Act Release No. 56014 from interested persons. a Directed Order.9 (July 5, 2007), 72 FR 38104 (July 12, 2007) (SR– On June 20, 2006, September 11, BSE–2007–31). I. Self-Regulatory Organization’s 14 2006, January 16, 2007, July 2, 2007, See Securities Exchange Act Release No. 57195 Statement of the Terms of Substance of (January 24, 2008), 73 FR 5610 (January 30, 2008) January 18, 2008, January 26, 2009, May the Proposed Rule Change (SR–BSE–2008–04). 21, 2009, November 24, 2009, February 15 See Securities Exchange Act Release No. 59311 NASDAQ OMX BX, Inc. (the 22, 2010, and April 15, 2010 the (January 28, 2009), 74 FR 6071 (February 4, 2009) ‘‘Exchange’’) proposes to extend the Exchange proposed extending the (SR–BX–2009–007). effective date of the amended rule effective date of the amended rule 16 See Securities Exchange Act Release No. 59983 governing the Exchange’s Directed (May 27, 2009), 74 FR 26445 (June 2, 2009) (SR– governing the Directed Order process on BX–2009–027). Order process on the Boston Options 17 See Securities Exchange Act Release No. 61065 Exchange (‘‘BOX’’) from June 25, 2010 to 6 Capitalized terms not otherwise defined herein (November 25, 2009), 74 FR 62860 (December 1, December 31, 2010. The text of the shall have the meanings prescribed within the BOX 2009) (SR–BX–2009–076). proposed rule change is attached as Rules. 18 See Securities Exchange Act Release No. 61577 Exhibit 5.5 The text of the proposed rule 7 See Securities Exchange Act Release No. 53516 (February 24, 2010), 75 FR 9464 (March 2, 2010) (March 20, 2006), 71 FR 15232 (March 27, 2006) (SR–BX–2010–017). (SR–BSE–2006–14). 19 See Securities Exchange Act Release No. 61929 7 17 CFR 200.30–3(a)(12). 8 See Securities Exchange Act Release No. 53357 (April 16, 2010), 75 FR 21085 (April 22, 2010) (SR– 1 15 U.S.C. 78s(b)(1). (February 23, 2006), 71 FR 10730 (March 2, 2006) BX–2010–031). 2 17 CFR 240.19b–4. (SR–BSE–2005–52). 20 In the event that a decision is not reached with 3 15 U.S.C. 78s(b)(3)(A). 9 The Exchange submitted Partial Amendment respect to the corresponding Exchange proposal 4 17 CFR 240.19b–4(f)(6). No. 5 to SR–BSE–2005–52 on April 30, 2010 to before December 31, 2010 the Exchange will 5 The Commission notes that the text of the remove the previously proposed rule text regarding consider whether to submit another filing under proposed rule change is attached as Exhibit 5 to the the anonymity provision for Directed Orders that Rule 19b–4(f)(6) extending this rule and system Form 19b–4, but is not attached to this Notice. are passed on to the EP. process.

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Exchange’s corresponding proposal to 4(f)(6)(iii) 26 permits the Commission to post all comments on the Commission’s amend the BOX rule to permit EPs to designate a shorter time if such action Internet Web site (http://www.sec.gov/ choose the firms from whom they will is consistent with the protection of rules/sro.shtml). Copies of the accept Directed Orders. Accordingly, investors and the public interest. The submission, all subsequent the Exchange believes that the proposal Exchange requests that the Commission amendments, all written statements is consistent with the requirements of waive the 30-day operative delay, as with respect to the proposed rule Section 6(b) of the Act,21 in general, and specified in Rule 19b–4(f)(6)(iii),27 change that are filed with the Section 6(b)(5) of the Act,22 in which would make the rule change Commission, and all written particular, in that it is designed to foster effective and operative upon filing. The communications relating to the cooperation and coordination with Commission believes that waiving the proposed rule change between the persons engaged in regulating, clearing, 30-day operative delay is consistent Commission and any person, other than settling, processing information with with the protection of investors and the those that may be withheld from the respect to, and facilitating transactions public interest because such waiver public in accordance with the in securities, to remove impediments to would continue to conform the BOX provisions of 5 U.S.C. 552, will be and perfect the mechanism for a free rules to BOX’s current practice without available for inspection and copying in and open market and a national market interruption and clarify that Directed the Commission’s Public Reference system and, in general, to protect Orders on BOX are not anonymous.28 Room, 100 F Street, NE., Washington, investors and the public interest. Accordingly, the Commission DC 20549, on official business days designates the proposed rule change between the hours of 10 a.m. and 3 p.m. B. Self-Regulatory Organization’s operative upon filing with the Copies of such filing also will be Statement on Burden on Competition Commission. available for inspection and copying at The Exchange does not believe that At any time within 60 days of the the principal office of the Exchange. All the proposed rule change will impose filing of such proposed rule change, the comments received will be posted any burden on competition not Commission may summarily abrogate without change; the Commission does necessary or appropriate in furtherance such rule change if it appears to the not edit personal identifying of the purposes of the Act. Commission that such action is information from submissions. You necessary or appropriate in the public should submit only information that C. Self-Regulatory Organization’s interest, for the protection of investors, you wish to make available publicly. All Statement on Comments on the or otherwise in furtherance of the submissions should refer to File Proposed Rule Change Received From purposes of the Act. Number SR–BX–2010–041 and should Members, Participants, or Others be submitted on or before July 21, 2010. IV. Solicitation of Comments The Exchange has neither solicited For the Commission, by the Division of nor received comments on the proposed Interested persons are invited to Trading and Markets, pursuant to delegated rule change. submit written data, views and authority.29 arguments concerning the foregoing, Florence E. Harmon, III. Date of Effectiveness of the including whether the proposed rule Proposed Rule Change and Timing for Deputy Secretary. change is consistent with the Act. [FR Doc. 2010–15823 Filed 6–29–10; 8:45 am] Commission Action Comments may be submitted by any of BILLING CODE 8011–01–P Because the foregoing proposed rule the following methods: change: (1) Does not significantly affect the protection of investors or the public Electronic Comments • SECURITIES AND EXCHANGE interest; (2) does not impose any Use the Commission’s Internet COMMISSION significant burden on competition; and comment form (http://www.sec.gov/ (3) by its terms does not become rules/sro.shtml); or [Release No. 34–62371; File No. SR–OCC– operative for 30 days after the date of • Send an e-mail to rule- 2010–04] [email protected]. Please include File this filing, or such shorter time as the Self-Regulatory Organizations; The Commission may designate if consistent Number SR–BX–2010–041 on the subject line. Options Clearing Corporation; Notice with the protection of investors and the of Filing of Proposed Rule Change To public interest, the proposed rule Paper Comments Revise Its By-Laws and Rules To change has become effective pursuant to • Establish a Clearing Fund Amount 23 Send paper comments in triplicate Section 19(b)(3)(A) of the Act and Intended To Support Losses Under a 24 to Elizabeth M. Murphy, Secretary, Rule 19b–4(f)(6) thereunder. Defined Set of Default Scenarios A proposed rule change filed under Securities and Exchange Commission, Rule 19b–4(f)(6) 25 normally may not 100 F Street, NE., Washington, DC June 24, 2009. become operative prior to 30 days after 20549–1090. Pursuant to Section 19(b)(1) of the the date of filing. However, Rule 19b– All submissions should refer to File Securities Exchange Act of 1934 Number SR–BX–2010–041. This file (‘‘Act’’) 1 and Rule 19b–4 thereunder 2 21 15 U.S.C. 78f(b). number should be included on the notice is hereby given that on March 16, 22 15 U.S.C. 78f(b)(5). subject line if e-mail is used. To help the 2010, The Options Clearing Corporation 23 15 U.S.C. 78s(b)(3)(A). Commission process and review your (‘‘OCC’’) filed with the Securities and 24 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– comments more efficiently, please use Exchange Commission (‘‘Commission’’) a 4(f)(6)(iii) requires a self-regulatory organization to only one method. The Commission will provide the Commission with written notice of its proposed rule change and on June 6, intent to file the proposed rule change, along with 2010, filed an amendment to the a brief description and text of the proposed rule 26 17 CFR 240.19b–4(f)(6)(iii). proposed rule change. The proposed change, at least five business days prior to the date 27 Id. rule change, as amended, is described in of filing of the proposed rule change, or such 28 For purposes only of waiving the operative shorter time as designated by the Commission. The delay for this proposal, the Commission has Commission deems this requirement to have been considered the proposed rule’s impact on 29 17 CFR 200.30–3(a)(12). met. efficiency, competition, and capital formation. See 1 15 U.S.C. 78s(b)(1). 25 17 CFR 240.19b–4(f)(6). 15 U.S.C. 78c(f). 2 17 CFR 240.19b–4.

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Items I, II, and III below, which Items confidence levels employed by OCC in require clearing members to replenish have been substantially prepared by calculating the charge likely to result the clearing fund. The existing formula OCC. The Commission is publishing from a default by OCC’s largest ‘‘clearing for determining the amount of clearing this notice to solicit comments on the member group’’ and the default of two fund is intended to establish an amount proposed rule change, as amended, from randomly-selected ‘‘clearing member reasonably designed to cover losses interested persons. groups’’ would be 99% and 99.9% resulting from one or more clearing respectively. OCC would have member defaults. OCC believes the I. Self-Regulatory Organization’s discretion to employ different formula adequately serves that purpose. Statement of the Terms of the Substance confidence levels in these calculations Nevertheless, OCC believes the of the Proposed Rule Change but could not employ confidence levels proposed formula is a better predictor of The purpose of this proposed rule of less than 99%.5 The size of the the actual losses likely to result from change is to revise OCC’s By-Laws and clearing fund would continue to be such defaults. This is because the Rules to establish a clearing fund recalculated monthly based on average existing formula only indirectly amount intended to support losses daily calculations for the previous accounts for potential losses by setting under a defined set of default scenarios. month. In no event would the size of the the amount of the clearing fund as a percentage of the previous month’s II. Self-Regulatory Organization’s total clearing fund be permitted to be 6 average daily margin requirements. In Statement of the Purpose of, and less than one billion dollars. contrast, the proposed formula would Statutory Basis for, the Proposed Rule In considering whether to revise the directly account for various types of Change clearing fund sizing formula, OCC compared the size of the clearing fund default scenarios. Therefore, in OCC’s In its filing with the Commission, that would have resulted from view, the proposed formula would be OCC included statements concerning application of the revised formula to the more likely to result in adequate the purpose of and basis for the actual size of the clearing fund for each clearing fund levels if such scenarios proposed rule change and discussed any month from February 2008 through occur and would more closely align the comments it received on the proposed September 2009.7 This analysis revealed size of the clearing fund with its rule change. The text of these statements that the size of the clearing fund under intended purpose of absorbing losses may be examined at the places specified the revised formula would have been on from clearing member defaults and in Item IV below. OCC has prepared average 10% larger than under the avoid disruption of the clearance summaries, set forth in sections (A), (B), current formula. In September and process even during extreme market and (C) below, of the most significant October 2008, two months of extreme conditions. Article VIII, Section 6 of aspects of these statements. volatility in the U.S. securities markets, OCC’s By-Laws, which obligates clearing members to satisfy deficiencies (A) Self-Regulatory Organization’s the revised formula would have resulted in their clearing fund deposits resulting Statement of the Purpose of, and in a clearing fund size approximately from pro-rata charges or otherwise,9 Statutory Basis for, the Proposed Rule 31% and 27% greater than under the would remain unchanged. Change current formula. The average monthly change in the size of the clearing fund The specific amendments proposed to 1. Purpose and the standard deviation of clearing OCC’s By-Laws and Rules to facilitate the proposed changes to its clearing This proposed rule change would fund size from month-to-month under fund calculation, can be found at revise OCC’s By-Laws and Rules to the two formulas were broadly similar.8 http://www.optionsclearing.com/about/ establish a clearing fund amount OCC believes the proposed new publications/bylaws.jsp. If approved by required to support losses under a formula for calculating clearing fund is the Commission, OCC would implement defined set of default scenarios. a better predictor of losses that would be the revised formula for determining the Currently, the amount of clearing fund likely to result from the default scenarios described above and would size of its clearing fund after sixty days is calculated monthly and is based on a notice to clearing members. fixed percentage of the average total establish an adequate clearing fund to daily margin requirements during the cover losses without OCC having to 2. Statutory Basis previous month.3 OCC believes the proposed rule Under the proposed formula for (proposed new definition in Article I of OCC’s By- changes are consistent with the determining the size of the clearing Laws.). 5 Proposed Interpretations & Policies .02 to Rule requirements of Section 17A of the fund, the level of the fund would be 1001. Act 10 and the rules and regulations equal to the larger of the amount of the 6 Proposed Interpretations & Policies .01 to Rule thereunder because the proposed rule charge to the fund that would result 1001. changes would facilitate prompt and from (i) a default by the single ‘‘clearing 7 The data used for this analysis was obtained accurate clearance and settlement of member group’’ the default of which prior to implementation of the changes approved in SR–OCC–2007–20. Accordingly, the data does not securities transactions by creating a would be likely to result in the largest account for the effects those changes had on OCC’s more direct correlation between the draw against the clearing fund or (ii) an clearing fund size calculation. SR–OCC–2007–20 clearing fund size and estimated losses event involving the near-simultaneous allowed certain securities to be analyzed as a single from a defined set of default scenarios. default of two randomly-selected portfolio under OCC’s risk management methodology, the System for Theoretical Analysis ‘‘clearing member groups’’.4 Initially, the (B) Self-Regulatory Organization’s and Numerical Simulations (‘‘STANS’’), and Statement on Burden on Competition consequently allowed OCC to more accurately 3 Under the current formula, if 6% does not result measure risk in Clearing Members accounts and OCC does not believe that the in a clearing fund amount of at least one billion more precisely set margin requirements to reflect proposed rule change would impose any dollars, then OCC collects a higher percentage of such risk. burden on competition. the previous month’s average daily margin 8 The comparative data described in this requirement that will result in a fund level of at paragraph was obtained using confidence levels of least one billion dollars. However, in no event is the 99% and above. OCC estimates that using only a 9 This is subject to a cap equal to 100% of a percentage permitted to exceed 7%. 99% confidence level would have lowered the total clearing member’s then-required deposit if it 4 The term ‘‘clearing member group’’ would be size of the clearing fund calculated using the promptly withdraws from membership and closes defined to mean a clearing member and any proposed methodology by an average of out or transfers its open positions. member affiliates of such clearing member approximately one half of a percent. 10 15 U.S.C. 78q–1.

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(C) Self-Regulatory Organization’s communications relating to the solicit comments on the proposed rule Statement on Comments on the proposed rule change between the change from interested persons. Proposed Rule Change Received From Commission and any person, other than I. Self-Regulatory Organization’s Members, Participants or Others those that may be withheld from the Statement of the Terms of Substance of public in accordance with the Written comments relating to the the Proposed Rule Change proposed rule change have not been provisions of 5 U.S.C. 552, will be The Exchange proposes to amend solicited or received. OCC will notify available for Web site viewing and NYSE Arca Equities Rule 7.11 to set the Commission of any written printing in the Commission’s Public forth how the Exchange will handle comments received by OCC. Reference Section, 100 F Street, NE., Washington, DC 20549–1090, on official order flow during a regulatory halt for III. Date of Effectiveness of the business days between the hours of 10 a security listed on an exchange other Proposed Rule Change and Timing for am and 3 pm. Copies of such filings will than NYSE Arca. The text of the Commission Action also be available for inspection and proposed rule change is available at the Within thirty-five days of the date of copying at the principal office of the Exchange, the Commission’s Public publication of this notice in the Federal OCC and on OCC’s Web site at http:// Reference Room, and http:// Register or within such longer period (i) www.optionsclearing.com/about/ www.nyse.com. as the Commission may designate up to publications/bylaws.jsp. All comments II. Self-Regulatory Organization’s ninety days of such date if it finds such received will be posted without change; Statement of the Purpose of, and longer period to be appropriate and the Commission does not edit personal Statutory Basis for, the Proposed Rule publishes its reasons for so finding or identifying information from Change (ii) as to which the self-regulatory submissions. You should submit only In its filing with the Commission, the organization consents, the Commission information that you wish to make self-regulatory organization included will: available publicly. All submissions statements concerning the purpose of, (A) By order approve the proposed should refer to File Number SR–OCC– and basis for, the proposed rule change rule change or 2010–04 and should be submitted on or and discussed any comments it received (B) institute proceedings to determine before July 21, 2010. on the proposed rule change. The text whether the proposed rule change For the Commission by the Division of of those statements may be examined at should be disapproved. Trading and Markets, pursuant to delegated authority.11 the places specified in Item IV below. IV. Solicitation of Comments The Exchange has prepared summaries, Florence E. Harmon, Interested persons are invited to set forth in sections A, B, and C below, Deputy Secretary. of the most significant parts of such submit written data, views, and [FR Doc. 2010–15892 Filed 6–29–10; 8:45 am] arguments concerning the foregoing, statements. BILLING CODE 8010–01–P including whether the proposed rule A. Self-Regulatory Organization’s change is consistent with the Act. Statement of the Purpose of, and the Comments may be submitted by any of SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule the following methods: COMMISSION Change Electronic Comments [Release No. 34–62368; File No. SR– 1. Purpose • Use the Commission’s Internet NYSEARCA–2010–60] The Exchange proposes to amend comment form (http://www.sec.gov/ NYSE Arca Equities Rule 7.11 to revise rules/sro.shtml) or Self-Regulatory Organizations; Notice how the Exchange will handle order • Send an e-mail to rule- of Filing and Immediate Effectiveness flow during a regulatory halt for a [email protected]. Please include File of Proposed Rule Change by NYSE security listed on an exchange other Number SR–OCC–2010–04 on the Arca, Inc. Amending NYSE Arca than NYSE Arca. subject line. Equities Rule 7.11 To Set Forth How Rule 7.11 was approved by the the Exchange Will Handle Order Flow 4 Paper Comments Commission on June 10, 2010. The During a Regulatory Halt for a Security Exchange filed to amend Rule 7.11 to • Send paper comments in triplicate Listed on an Exchange Other Than add subsection (f) to the Rule, which to Secretary, Elizabeth M. Murphy, NYSE Arca addresses how orders will be handled Securities and Exchange Commission, June 23, 2010. when another primary listing market 100 F Street, NE., Washington, DC Pursuant to Section 19(b)(1) 1 of the issues a trading pause or a regulatory 20549–1090. 5 Securities Exchange Act of 1934 (the halt. Pursuant to Rule 7.11(f), upon the All submissions should refer to File ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 receipt of a trading pause or regulatory Number SR–OCC–2010–04. This file notice is hereby given that, on June 22, halt message from another primary number should be included on the 2010, NYSE Arca, Inc. (the ‘‘Exchange’’ listing market, the Exchange will take subject line if e-mail is used. To help the or ‘‘NYSE Arca’’) filed with the the following actions: (i) Maintain all Commission process and review your Securities and Exchange Commission resting orders in the Book; (ii) cancel comments more efficiently, please use (the ‘‘Commission’’) the proposed rule any unexecuted portion of Market only one method. The Commission will change as described in Items I and II Orders and Pegged Orders; (iii) accept post all comments on the Commission’s below, which Items have been prepared and process all cancellations; (iv) accept Internet Web site (http://www.sec.gov/ by the self-regulatory organization. The and route new Market Orders to the rules/sro.shtml). Copies of the Commission is publishing this notice to submission, all subsequent 4 See Securities Exchange Act Release No. 62252 (June 10, 2010), 75 FR 34186 (June 16, 2010) (SR– amendments, all written statements 11 17 CFR 200.30–3(a)(12). NYSEArca–2010–41). with respect to the proposed rule 1 15 U.S.C. 78s(b)(1). 5 See Securities Exchange Act Release No. 62281 change that are filed with the 2 15 U.S.C. 78a. (June 11, 2010), 75 FR 34504 (June 17, 2010) (SR– Commission, and all written 3 17 CFR 240.19b–4. NYSEArca–2010–52).

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primary market; (v) accept and route PO halt for a security listed on an exchange At any time within 60 days of the and PO+ Orders to the primary market; other than NYSE Arca. filing of the proposed rule change, the and (vi) reject all other orders until the Commission may summarily abrogate B. Self-Regulatory Organization’s stock has reopened. such rule change if it appears to the Statement on Burden on Competition Before the amendment to add section Commission that such action is (f) to the Rule, the Exchange accepted The Exchange does not believe that necessary or appropriate in the public all entry and cancellation of orders the proposed rule change will impose interest, for the protection of investors, during a regulatory halt invoked by any burden on competition that is not or otherwise in furtherance of the another market. While the Exchange necessary or appropriate in furtherance purposes of the Act. of the purposes of the Act. believes that it is appropriate during a IV. Solicitation of Comments regulatory halt to take the actions set C. Self-Regulatory Organization’s forth in Rule 7.11(f), the Exchange notes Statement on Comments on the Interested persons are invited to that not all regulatory halts have the Proposed Rule Change Received From submit written data, views, and same basis and there are times when the Members, Participants, or Others arguments concerning the foregoing, including whether the proposed rule Exchange believes that trading should No written comments were solicited continue, notwithstanding whether change is consistent with the Act. or received with respect to the proposed Comments may be submitted by any of another market has invoked a regulatory rule change. halt. For example, if trading has halted the following methods: on another market because of an initial III. Date of Effectiveness of the Electronic Comments public offering, the Exchange believes it Proposed Rule Change and Timing for • Use the Commission’s Internet should be able to accept order flow Commission Action comment form (http://www.sec.gov/ during such a halt. The Exchange has filed the proposed rules/sro.shtml); or To enable the Exchange to accept rule change pursuant to Section • Send an e-mail to rule- order flow during certain regulatory 19(b)(3)(A)(iii) of the Act 8 and Rule [email protected]. Please include File halts, the Exchange proposes to revert 19b–4(f)(6) thereunder.9 Because the Number SR–NYSEARCA–2010–60 on back to how it handled order flow proposed rule change does not: (i) the subject line. during a regulatory halt before it Significantly affect the protection of amended Rule 7.11. As proposed, investors or the public interest; (ii) Paper Comments during a regulatory halt, the Exchange impose any significant burden on • Send paper comments in triplicate will continue to accept all order entry competition; and (iii) become operative to Elizabeth M. Murphy, Secretary, and cancellation messages and will not prior to 30 days from the date on which Securities and Exchange Commission, reject any orders during a regulatory it was filed, or such shorter time as the 100 F Street, NE., Washington, DC halt. The Exchange therefore proposes Commission may designate, if 20549–1090. to amend Rule 7.11(f) to delete the consistent with the protection of All submissions should refer to File reference to regulatory halts. The investors and the public interest, the Number SR–NYSEARCA–2010–60. This Exchange will continue to follow the proposed rule change has become file number should be included on the procedures set forth in Rule 7.11(f) effective pursuant to Section 19(b)(3)(A) subject line if e-mail is used. To help the when another primary listing market of the Act and Rule 19b–4(f)(6)(iii) Commission process and review your invokes a trading pause. thereunder. comments more efficiently, please use The Exchange also proposes a A proposed rule change filed under only one method. The Commission will 10 technical amendment to change the Rule 19b–4(f)(6) normally does not post all comments on the Commission’s term ‘‘Corporation’’ to ‘‘Exchange’’ in become operative prior to 30 days after Internet Web site (http://www.sec.gov/ Rule 7.11(d). the date of the filing. However, pursuant rules/sro.shtml). Copies of the to Rule 19b4(f)(6)(iii),11 the Commission 2. Statutory Basis submission, all subsequent may designate a shorter time if such amendments, all written statements The statutory basis for the proposed action is consistent with the protection with respect to the proposed rule rule change is Section 6(b)(5) of the of investors and the public interest. The change that are filed with the Securities Exchange Act of 1934 (the Exchange has asked the Commission to Commission, and all written ‘‘Act’’),6 which requires the rules of an waive the 30-day operative delay so that communications relating to the exchange to promote just and equitable the proposal may become operative proposed rule change between the principles of trade, to remove immediately upon filing. The Commission and any person, other than impediments to and perfect the Commission notes that the Exchange, those that may be withheld from the mechanism of a free and open market upon reflection, has decided to revert to public in accordance with the and a national market system and, in its former manner of handling orders provisions of 5 U.S.C. 552, will be general, to protect investors and the during regulatory halts. The proposed available for Web site viewing and public interest. The proposed rule rule change does not raise any new copying in the Commission’s Public change also is designed to support the substantive issues. For these reasons, Reference Room. Copies of the filing principles of Section 11A(a)(1) 7 of the the Commission believes that the waiver will also be available for inspection and Act in that it seeks to assure fair of the 30-day operative delay is copying at the NYSE’s principal office competition among brokers and dealers consistent with the protection of and on its Internet Web site at http:// 12 and among exchange markets. The investors and the public interest. www.nyse.com. All comments received Exchange believes that the proposed will be posted without change; the 8 rule meets these requirements in that it 15 U.S.C. 78s(b)(3)(A)(iii). Commission does not edit personal promotes transparency for how order 9 17 CFR 240.19b–4(f)(6). 10 identifying information from flow will be handled during a regulatory 17 CFR 240.19b–4(f)(6). 11 17 CFR 240.19b–4(f)(6)(iii). submissions. You should submit only 12 For purposes only of waiving the 30-day 6 15 U.S.C. 78f(b)(5). operative delay of this proposal, the Commission efficiency, competition and capital formation. 15 7 15 U.S.C. 78k–1(a)(1). has considered the proposed rule’s impact on U.S.C. 78c(f).

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information that you wish to make II. Self-Regulatory Organization’s to five approved option classes on available publicly. All submissions Statement of the Purpose of, and which One Week Option Series could be should refer to File Number SR– Statutory Basis for, the Proposed Rule opened. NYSEARCA–2010–60 and should be Change If selected for the Pilot Program, the submitted on or before July 21, 2010. In its filing with the Commission, the Exchange may open up to five One Week Option Series for each expiration For the Commission, by the Division of self-regulatory organization included statements concerning the purpose of, date in that class. The strike price of Trading and Markets, pursuant to delegated each One Week Option Series are fixed authority.13 and basis for, the proposed rule change and discussed any comments it received at a price per share, with approximately Florence E. Harmon, on the proposed rule change. The text the same number of strike prices above Deputy Secretary. of those statements may be examined at and below the value of the underlying [FR Doc. 2010–15893 Filed 6–29–10; 8:45 am] the places specified in Item IV below. security or calculated index value at about the time that the One Week BILLING CODE 8010–01–P The Exchange has prepared summaries, set forth in sections A, B, and C below, Option Series is opened. The Exchange proposes to adopt the of the most significant parts of such Pilot Program on a permanent basis. The SECURITIES AND EXCHANGE statements. COMMISSION current Pilot expires on July 12, 2010. A. Self-Regulatory Organization’s While NYSE Arca did not list any Statement of the Purpose of, and the Short Term Option Series during most [Release No. 34–62369; File No. SR– Statutory Basis for, the Proposed Rule of the Pilot Period, it did recently list NYSEArca–2010–59] Change Short Term Options Series in multiply listed issues selected by NYSE Amex Self-Regulatory Organizations; Notice 1. Purpose LLC (‘‘NYSE Amex’’).5 There has been of Filing and Immediate Effectiveness The purpose of this filing is to amend continued investor interest in trading of a Proposed Rule Change by NYSE Rule 6.4 Commentary .07 to increase the short-term options at the Chicago Board Arca To Expand and Permanently number of One Week Options Series in Options Exchange (‘‘CBOE’’), and Establish Its Short Term Option an underlying class from five to twenty. significant investor interest in Short Program The proposed change is based on an Term Options Series in the four issues approved rule of the Chicago Board selected by NYSE Amex. The CBOE June 23, 2010. Options Exchange, Inc. (‘‘CBOE’’). The adopted their Pilot Program on a Pursuant to Section 19(b)(1) of the Exchange is proposing to adopt the Pilot permanent basis after four years of Securities Exchange Act of 1934 Program on a permanent basis. In trading ‘‘weeklys’’ on four index (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 addition, the Exchange is amending the products, and found no operational or notice is hereby given that, on June 17, name of the Pilot to be the Short Term capacity related problems.6 In order to 2010, NYSE Arca, Inc. (‘‘NYSE Arca’’ or Options Series Program and proposing, remain competitive in listing Short the ‘‘Exchange’’) filed with the Securities by amending Rule 5.19, certain non- Term Option Series in multiply listed and Exchange Commission (‘‘SEC’’ or substantive changes to reorganize its classes, and to have the ability to ‘‘Commission’’) the proposed rule rule text related to Short Term Option respond to customer interests if change as described in Items I and II Series so that applicable terms are warranted, the Exchange proposes to below, which Items have been prepared located within a single section of the adopt its Pilot Program on a permanent relevant rules. The Exchange is also by NYSE Arca. The Commission is basis. amending Rule 6.4 to allow the Short publishing this notice to solicit In the original proposal to establish Term Option Opening Date to be either comments on the proposed rule change the Pilot Program the Exchange stated a Thursday or Friday (or, if the that if it were to propose an extension from interested persons. Exchange is not open for business on or an expansion of the program, the I. Self-Regulatory Organization’s the respective Thursday or Friday, the Exchange would submit, along with any Statement of the Terms of Substance of first business day immediately prior to filing proposing such amendments to the Proposed Rule Change that respective Thursday or Friday), the program, a Pilot Program report based on a rule change adopted by the (‘‘Report’’). The Report would provide an The Exchange proposes to amend CBOE.3 analysis of the Pilot Program covering Rule 5.10(b), Rule 5.19, and Rule 6.4 On July 12, 2005, the Securities and the entire period during which the Pilot Commentary .07 so as to rename, make Exchange Commission (‘‘Commission’’) Program was in effect. Since the changes to, and make permanent the approved the Pilot Program.4 The Pilot Exchange did not have any Short Term One Week Option Series Pilot Program. Program allows NYSE Arca to list and Options Series listed as part of the Pilot The text of the proposed rule change is trade One Week Option Series, which Program until very recently, there is no attached as Exhibit 5 to the 19b–4 form. would expire one week after the date on data available to compile such a report A copy of this filing is available on the which a series is opened. Under the at this time. Therefore there is no Report Exchange’s Web site at http:// Pilot Program, NYSE Arca can select up associated with the program included www.nyse.com, at the Exchange’s with this proposal to adopt the Program 3 See Exchange Act Release No. 62170, (May 25, on a permanent basis. NYSE Arca does principal office, on the Commission’s 2010) 75 FR 30889 (June 2, 2010) (SR–CBOE–2010– Web site at http://www.sec.gov, and at 048). commit to providing a Report on Short the Commission’s Public Reference 4 See Exchange Act Release No. 52013, (July 12, 5 Room. 2005) 70 FR 41471 (July 19, 2005). The Pilot has On June 3, 2010, NYSE Amex listed Short Term been extended each year. See Exchange Act Release Options Series expiring June 11, 2010 in NASDAQ No. 54052 (June 27, 2006) 71 FR 38679 (July 7, 100 Tracking Stock (QQQQ); SPDR S&P 500 ETF 2006); Exchange Act Release No. 56048 (July 11, (SPY); iShares Russell 2000 Index Fund (IWM); and 2007) 72 FR 39653 (July 19, 2007); Exchange Act DIAMONDS Trust (DIA). 13 17 CFR 200.30–3(a)(12). Release No. 58085, (July 2, 2008) 73 FR 39767 (July 6 See Securities Exchange Act Release No. 59824 1 15 U.S.C. 78s(b)(1). 10, 2008); Exchange Act Release No. 60285 (July 10, (April 27, 2009), 74 FR 20518 (May 4, 2009) (SR– 2 17 CFR 240.19b–4. 2009) 74 FR 34816 (July 17, 2009). CBOE–2009–018).

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Term Option Series to the Commission Option Series that are more than 30% 2. Statutory Basis no later than May 31, 2011, covering the above or below the current price of the The Exchange believes the proposed period from June 3, 2010 through March underlying security or current value of rule change is consistent with Section 31, 2011. the underlying index, as applicable, 6(b) 8 of the Securities Exchange Act of To reduce investor confusion, the provided that demonstrated customer 1934 (the ‘‘Act’’), in general, and furthers Exchange is proposing to rename the interest exists for such series, as the objectives of Section 6(b)(5) 9 in Pilot Program as the Short Term Options expressed by institutional, corporate or particular in that it is designed to Series Program, consistent with other individual customers or their brokers. promote just and equitable principles of markets that have similar programs. Market-Makers trading for their own trade, to prevent fraudulent and NYSE Arca is proposing to modify the account shall not be considered when terms of the Pilot Program to provide manipulative acts, to remove determining customer interest under impediments to and to perfect the that up to twenty (as opposed to five) this provision. The opening of the new Short Term Option Series may be mechanism for a free and open market Short Term Option Series shall not and a national market system and, in opened for each expiration date. The affect the series of options of the same general, to protect investors and the Exchange believes this increase in the class previously opened. The Exchange public interest. The Exchange believes number of series will provide investors believes there is sufficient investor that increasing the number of available with greater flexibility in the trading of interest and demand to increase the strikes in One Week Options Series will Short Term Option Series by allowing number of series. investors to establish options positions The Exchange is also proposing to provide investors with additional means that are better tailored to meet their allow Short Term Options Series to be of managing their risk and carrying out investment objectives. NYSE Arca also opened on any Thursday (or Friday) that their investment objectives. believes that allowing for the increased expire on the Friday of the following B. Self-Regulatory Organization’s number of series would allow us to business week, similar to a recently Statement on Burden on Competition better maintain an orderly market, meet 7 adopted rule change of the CBOE. This The Exchange does not believe that customer demand and respond in will provide market participants an the proposed rule change will impose scenarios when the market price of the ‘‘ ’’ opportunity to roll expiring positions; any burden on competition that is not underlying moves substantially from the that is, trade out of an expiring Short necessary or appropriate in furtherance exercise price or prices of the series Term Option Series and re-establish a of the purposes of the Act. already opened, which we anticipate new position in the Short Term Option will occur as evidenced with the recent Series expiring one week later. Since the C. Self-Regulatory Organization’s volatility in the market. last trading day for A.M.-settled Short Statement on Comments on the Consistent with the existing Pilot Term Option Series on indexes is Proposed Rule Change Received From Program provisions: (i) Approximately generally a Thursday, and new A.M.- Members, Participants, or Others the same number of strike prices would settled Short Term Options Series on No written comments were solicited be opened above and below the value of indexes are generally listed on Friday, or received with respect to the proposed the underlying security or calculated new and expiring A.M.-settled Short rule change. index value at about the time the Short Term Options Series are never available Term Option Series are initially opened concurrently. III. Date of Effectiveness of the for trading; (ii) if the Exchange has As a result, it is impossible to Proposed Rule Change and Timing for opened less than twenty Short Term implement a position roll in A.M.- Commission Action Option Series for a given expiration settled Short Term Options on indexes. The Exchange has filed the proposed date, additional series may be opened The Exchange has been advised that rule change pursuant to Section for trading on the Exchange when the opening A.M.-settled Short Term 19(b)(3)(A)(iii) of the Act 10 and Rule Exchange deems it necessary to Options on indexes just one day earlier, 19b–4(f)(6) thereunder.11 Because the maintain an orderly market, to meet and providing an opportunity to roll, proposed rule change does not: (i) customer demand or when the current would enhance the value of A.M.-settled Significantly affect the protection of value of the underlying security or Short Term Options on indexes as a risk investors or the public interest; (ii) index moves substantially from the management tool. impose any significant burden on exercise price or prices of the series In order to avoid investor confusion, competition; and (iii) become operative already opened; and (iii) in any event, the Exchange is proposing to permit the prior to 30 days from the date on which the total number of series for a given listing of all Short Term Option series it was filed, or such shorter time as the expiration date will not exceed twenty (equity and index) on any Thursday or Commission may designate, if series. Friday. As proposed, the rule changes consistent with the protection of The Exchange is also changing the give the Exchange the flexibility to list Pilot Program rules to include a investors and the public interest, the Short Term Option series on any proposed rule change has become condition that any strike prices initially Thursday or Friday, and do not restrict listed by the Exchange shall be within effective pursuant to Section 19(b)(3)(A) listing to a particular day. 12 thirty percent (30%) above or below the of the Act and Rule 19b–4(f)(6)(iii) The Exchange believes that the thereunder.13 closing price of the underlying security Program provides investors with on the preceding day or the current additional means of managing their risk 8 15 U.S.C. 78f(b). value of the underlying index, as exposures and carrying out their 9 15 U.S.C. 78f(b)(5). applicable. Any additional strike prices investment objectives. The Exchange 10 15 U.S.C. 78s(b)(3)(A)(iii). listed by the Exchange shall be within also represents that is has the necessary 11 17 CFR 240.19b–4(f)(6). thirty percent (30%) above or below the system capacity to support the option 12 15 U.S.C. 78s(b)(3)(A). current price of the underlying security series listed under the Program and the 13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– or current value of the underlying 4(f)(6)(iii) requires the Exchange to give the proposed increase in number of series. Commission written notice of the Exchange’s intent index, as applicable. Under the rule to file the proposed rule change, along with a brief change, the Exchange may also open 7 See Exchange Act Release No. 62170 (May 25, description and text of the proposed rule change, additional strike prices of Short Term 2010) 75 FR 30889 (June 2, 2010). Continued

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The Exchange has requested that the Commission, and all written I. Self-Regulatory Organization’s Commission waive the 30-day operative communications relating to the Statement of the Terms of Substance of delay. The Commission believes that proposed rule change between the the Proposed Rule Change waiver of the operative delay is Commission and any person, other than The Exchange proposes to amend consistent with the protection of those that may be withheld from the Rule 903, Rule 900C, and Rule 903C so investors and the public interest public in accordance with the as to make changes to, and make because the proposal is substantially provisions of 5 U.S.C. 552, will be permanent the Short Term Option similar to that of another exchange that available for Web site viewing and Series Pilot. The text of the proposed was approved by the Commission.14 printing in the Commission’s Public rule change is attached as Exhibit 5 to Therefore, the Commission designates Reference Room, 100 F Street, NE., 15 the 19b–4 form. A copy of this filing is the proposal operative upon filing. Washington, DC 20549, on official At any time within 60 days of the available on the Exchange’s Web site at business days between the hours of 10 filing of the proposed rule change, the http://www.nyse.com, at the Exchange’s Commission may summarily abrogate a.m. and 3 p.m. Copies of the filing also principal office, on the Commission’s such rule change if it appears to the will be available for inspection and Web site at http://www.sec.gov, and at Commission that such action is copying at the principal office of the the Commission’s Public Reference necessary or appropriate in the public Exchange. All comments received will Room. interest, for the protection of investors, be posted without change; the II. Self-Regulatory Organization’s or otherwise in furtherance of the Commission does not edit personal Statement of the Purpose of, and purposes of the Act. identifying information from Statutory Basis for, the Proposed Rule submissions. You should submit only Change IV. Solicitation of Comments information that you wish to make Interested persons are invited to available publicly. All submissions In its filing with the Commission, the submit written data, views, and should refer to File Number SR– self-regulatory organization included arguments concerning the foregoing, NYSEArca–2010–59 and should be statements concerning the purpose of, including whether the proposed rule submitted on or before July 21, 2010. and basis for, the proposed rule change change is consistent with the Act. and discussed any comments it received Comments may be submitted by any of For the Commission, by the Division of on the proposed rule change. The text the following methods: Trading and Markets, pursuant to delegated of those statements may be examined at authority.16 the places specified in Item IV below. Electronic Comments Florence E. Harmon, The Exchange has prepared summaries, • Use the Commission’s Internet Deputy Secretary. set forth in sections A, B, and C below, comment form (http://www.sec.gov/ [FR Doc. 2010–15824 Filed 6–29–10; 8:45 am] of the most significant parts of such rules/sro.shtml); or statements. • Send an e-mail to rule- BILLING CODE 8011–01–P [email protected]. Please include File A. Self-Regulatory Organization’s Statement of the Purpose of, and the Number SR–NYSEArca-2010–59 on the SECURITIES AND EXCHANGE subject line. Statutory Basis for, the Proposed Rule COMMISSION Change Paper Comments 1. Purpose • Send paper comments in triplicate [Release No. 34–62370; File No. SR– to Elizabeth M. Murphy, Secretary, NYSEAmex–2010–62] The purpose of this filing is to amend Securities and Exchange Commission, Rule 903 Commentary .10 to increase 100 F Street, NE., Washington, DC Self-Regulatory Organizations; Notice the number of Short Term Options 20549–1090. of Filing and Immediate Effectiveness Series in an underlying class from five All submissions should refer to File of Proposed Rule Change by NYSE to twenty. The proposed change is based Number SR–NYSEArca–2010–59. This AMEX LLC to Expand and Permanently on an approved rule of the Chicago file number should be included on the Establish Its Short Term Option Board Options Exchange, Inc. (‘‘CBOE’’). subject line if e-mail is used. To help the Program The Exchange is proposing to adopt the Commission process and review your Pilot Program on a permanent basis. In June 23, 2010. comments more efficiently, please use addition, the Exchange is proposing, by only one method. The Commission will Pursuant to Section 19(b)(1) of the amending Rule 903C, certain non- post all comments on the Commission’s Securities Exchange Act of 1934 substantive changes to reorganize its Internet Web site (http://www.sec.gov/ (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 rule text related to Short Term Option rules/sro.shtml). Copies of the notice is hereby given that, on June 17, Series so that applicable terms are submission, all subsequent 2010, NYSE Amex LLC (‘‘NYSE Amex’’ located within a single section of the amendments, all written statements or the ‘‘Exchange’’) filed with the relevant rules. The Exchange is also amending Rule 903 to allow the Short with respect to the proposed rule Securities and Exchange Commission Term Option Opening Date to be either change that are filed with the (‘‘SEC’’ or ‘‘Commission’’) the proposed a Thursday or Friday (or, if the rule change as described in Items I and Exchange is not open for business on at least five business days prior to the date of filing II below, which Items have been the respective Thursday or Friday, the of the proposed rule change, or such shorter time prepared by NYSE Amex. The as designated by the Commission. The Exchange first business day immediately prior to has satisfied the pre-filing requirement. Commission is publishing this notice to that respective Thursday or Friday), 14 See Securities Exchange Act Release No. 59824 solicit comments on the proposed rule (April 27, 2009), 74 FR 20518 (May 4, 2009) (SR– based on a rule change adopted by the change from interested persons. 3 CBOE–2009–018). CBOE. 15 For purposes only of waiving the 30-day operative delay, the Commission has considered the 16 17 CFR 200.30–3(a)(12). 3 See Exchange Act Release No. 62170, (May 25, proposed rule’s impact on efficiency, competition, 1 15 U.S.C. 78s(b)(1). 2010) 75 FR 30889 (June 2, 2010) (SR–CBOE–2010– and capital formation. See 15 U.S.C. 78c(f). 2 17 CFR 240.19b–4. 048).

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On July 12, 2005, the Securities and the program, a Pilot Program report value of the underlying index, as Exchange Commission (‘‘Commission’’) (‘‘Report’’). The Report would provide an applicable. Any additional strike prices approved the Pilot Program.4 The Pilot analysis of the Pilot Program covering listed by the Exchange shall be within Program allows NYSE Amex to list and the entire period during which the Pilot thirty percent (30%) above or below the trade Short Term Option Series, which Program was in effect. Since the current price of the underlying security would expire one week after the date on Exchange did not have any Short Term or current value of the underlying which a series is opened. Under the Options Series listed as part of the Pilot index, as applicable. Under the rule Pilot Program, NYSE Amex can select Program until very recently, there is no change, the Exchange may also open up to five approved option classes on data available to compile such a report additional strike prices of Short Term which Short Term Option Series could at this time. Therefore there is no Report Option Series that are more than 30% be opened. associated with the program included above or below the current price of the If selected for the Pilot Program, the with this proposal to adopt the Program underlying security or current value of Exchange may open up to five Short on a permanent basis. NYSE Amex does the underlying index, as applicable, Term Option Series for each expiration commit to providing a Report on Short provided that demonstrated customer date in that class. The strike price of Term Option Series to the Commission interest exists for such series, as each Short Term Option Series are fixed no later than May 31, 2011, covering the expressed by institutional, corporate or at a price per share, with approximately period from June 3, 2010 through March individual customers or their brokers. the same number of strike prices above 31, 2011. Market-Makers trading for their own and below the value of the underlying NYSE Amex is proposing to modify account shall not be considered when security or calculated index value at the terms of the Pilot Program to determining customer interest under about the time that the Short Term provide that up to twenty (as opposed this provision. The opening of the new Option Series is opened. to five) Short Term Option Series may Short Term Option Series shall not The Exchange proposes to adopt the be opened for each expiration date. The affect the series of options of the same Pilot Program on a permanent basis. The Exchange believes this increase in the class previously opened. The Exchange current Pilot expires on July 12, 2010. number of series will provide investors believes there is sufficient investor While NYSE Amex did not list any with greater flexibility in the trading of interest and demand to increase the Short Term Option Series during most Short Term Option Series by allowing number of series. of the Pilot Period, it did recently select investors to establish options positions The Exchange is also proposing to four multiply listed issues in which to that are better tailored to meet their allow Short Term Options Series to be list Short Term Options Series.5 There investment objectives. NYSE Amex also opened on any Thursday (or Friday) that has been continued investor interest in believes that allowing for the increased expire on the Friday of the following trading short-term options at the number of series would allow us to business week, similar to a recently Chicago Board Options Exchange better maintain an orderly market, meet adopted rule change of the CBOE.7 This (‘‘CBOE’’), and significant investor customer demand and respond in will provide market participants an interest in Short Term Options Series in scenarios when the market price of the opportunity to ‘‘roll’’ expiring positions; the four issues selected by NYSE Amex. underlying moves substantially from the that is, trade out of an expiring Short The CBOE adopted their Pilot Program exercise price or prices of the series Term Option Series and re-establish a on a permanent basis after four years of already opened, which we anticipate new position in the Short Term Option trading ‘‘weeklys’’ on four index will occur as evidenced with the recent Series expiring one week later. Since the products, and found no operational or volatility in the market. last trading day for A.M.-settled Short capacity related problems.6 In order to Consistent with the existing Pilot Term Option Series on indexes is remain competitive in listing Short Program provisions: (i) Approximately generally a Thursday, and new A.M.- Term Option Series in multiply listed the same number of strike prices would settled Short Term Options Series on classes, and to have the ability to be opened above and below the value of indexes are generally listed on Friday, respond to customer interests if the underlying security or calculated new and expiring A.M.-settled Short warranted, the Exchange proposes to index value at about the time the Short Term Options Series are never available adopt its Pilot Program on a permanent Term Option Series are initially opened concurrently. basis. for trading; (ii) if the Exchange has As a result, it is impossible to In the original proposal to establish opened less than twenty Short Term implement a position roll in A.M.- the Pilot Program the Exchange stated Option Series for a given expiration settled Short Term Options on indexes. that if it were to propose an extension date, additional series may be opened The Exchange has been advised that or an expansion of the program, the for trading on the Exchange when the opening A.M.-settled Short Term Exchange would submit, along with any Exchange deems it necessary to Options on indexes just one day earlier, filing proposing such amendments to maintain an orderly market, to meet and providing an opportunity to roll, customer demand or when the current would enhance the value of A.M.-settled 4 See Exchange Act Release No. 52014, (July 12, value of the underlying security or Short Term Options on indexes as a risk 2005) 70 FR 41244 (July 18, 2005); The Pilot has index moves substantially from the been extended each year. See Exchange Act Release management tool. No. 54131 (July 12, 2006) 71 FR 40760 (July 18, exercise price or prices of the series In order to avoid investor confusion, 2006); Exchange Act Release No. 56046 (July 11, already opened; and (iii) in any event, the Exchange is proposing to permit the 2007) 72 FR 39105 (July 17, 2007); Exchange Act the total number of series for a given listing of all Short Term Option series Release No. 58084 (July 2, 2008) 73 FR 39743 (July expiration date will not exceed twenty 10, 2008); Exchange Act Release No. 60286 (July 10, (equity and index) on any Thursday or 2009) 74 FR 34834 (July 17, 2009). series. Friday. As proposed, the rule changes 5 On June 3, 2010, the Exchange listed Short Term The Exchange is also changing the give the Exchange the flexibility to list Options Series expiring June 11, 2010 in NASDAQ Pilot Program rules to include a Short Term Option series on any 100 Tracking Stock (QQQQ); SPDR S&P 500 ETF condition that any strike prices initially Thursday or Friday, and do not restrict (SPY); iShares Russell 2000 Index Fund (IWM); and listed by the Exchange shall be within DIAMONDS Trust (DIA). listing to a particular day. 6 See Securities Exchange Act Release No. 59824 thirty percent (30%) above or below the (April 27, 2009), 74 FR 20518 (May 4, 2009) (SR– closing price of the underlying security 7 See Exchange Act Release No. 62170 (May 25, CBOE–2009–018). on the preceding day or the current 2010) 75 FR 30889 (June 2, 2010).

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The Exchange believes that the Pilot investors and the public interest, the Commission process and review your Program will provide investors with proposed rule change has become comments more efficiently, please use additional means of managing their risk effective pursuant to Section 19(b)(3)(A) only one method. The Commission will exposures and carrying out their of the Act 12 and Rule 19b–4(f)(6)(iii) post all comments on the Commission’s investment objectives. The Exchange thereunder.13 Internet Web site (http://www.sec.gov/ also represents that is has the necessary The Exchange has requested that the rules/sro.shtml). Copies of the system capacity to support the option Commission waive the 30-day operative submission, all subsequent series listed under the Pilot Program delay. The Commission believes that amendments, all written statements and the proposed increase in number of waiver of the operative delay is with respect to the proposed rule series. consistent with the protection of change that are filed with the investors and the public interest Commission, and all written 2. Statutory Basis because the proposal is substantially communications relating to the The Exchange believes the proposed similar to that of another exchange that proposed rule change between the rule change is consistent with Section was approved by the Commission.14 Commission and any person, other than 6(b) 8 of the Securities Exchange Act of Therefore, the Commission designates those that may be withheld from the 1934 (the ‘‘Act’’), in general, and furthers the proposal operative upon filing.15 public in accordance with the the objectives of Section 6(b)(5) 9 in At any time within 60 days of the provisions of 5 U.S.C. 552, will be particular in that it is designed to filing of the proposed rule change, the available for Web site viewing and promote just and equitable principles of Commission may summarily abrogate printing in the Commission’s Public trade, to prevent fraudulent and such rule change if it appears to the Reference Room, 100 F Street, NE., manipulative acts, to remove Commission that such action is Washington, DC 20549, on official impediments to and to perfect the necessary or appropriate in the public business days between the hours of 10 mechanism for a free and open market interest, for the protection of investors, a.m. and 3 p.m. Copies of the filing also and a national market system and, in or otherwise in furtherance of the will be available for inspection and general, to protect investors and the purposes of the Act. copying at the principal office of the Exchange. All comments received will public interest. The Exchange believes IV. Solicitation of Comments that increasing the number of available be posted without change; the strikes in Short Term Options Series Interested persons are invited to Commission does not edit personal will provide investors with additional submit written data, views, and identifying information from means of managing their risk and arguments concerning the foregoing, submissions. You should submit only carrying out their investment objectives. including whether the proposed rule information that you wish to make change is consistent with the Act. available publicly. All submissions B. Self-Regulatory Organization’s Comments may be submitted by any of should refer to File Number SR– Statement on Burden on Competition the following methods: NYSEAmex–2010–62 and should be submitted on or before July 21, 2010. The Exchange does not believe that Electronic Comments the proposed rule change will impose • For the Commission, by the Division of any burden on competition that is not Use the Commission’s Internet Trading and Markets, pursuant to delegated necessary or appropriate in furtherance comment form (http://www.sec.gov/ authority.16 of the purposes of the Act. rules/sro.shtml); or Florence E. Harmon, • Send an e-mail to rule- Deputy Secretary. C. Self-Regulatory Organization’s [email protected]. Please include File Statement on Comments on the Number SR–NYSEAmex–2010–62 on [FR Doc. 2010–15825 Filed 6–29–10; 8:45 am] Proposed Rule Change Received From the subject line. BILLING CODE 8011–01–P Members, Participants, or Others Paper Comments No written comments were solicited • Send paper comments in triplicate SMALL BUSINESS ADMINISTRATION or received with respect to the proposed to Elizabeth M. Murphy, Secretary, rule change. Securities and Exchange Commission, Interest Rates III. Date of Effectiveness of the 100 F Street, NE., Washington, DC The Small Business Administration Proposed Rule Change and Timing for 20549–1090. publishes an interest rate called the Commission Action All submissions should refer to File optional ‘‘peg’’ rate (13 CFR 120.214) on Number SR–NYSEAmex-2010–62. This The Exchange has filed the proposed a quarterly basis. This rate is a weighted file number should be included on the rule change pursuant to Section average cost of money to the subject line if e-mail is used. To help the 19(b)(3)(A)(iii) of the Act 10 and Rule government for maturities similar to the 19b–4(f)(6) thereunder.11 Because the average SBA direct loan. This rate may 12 15 U.S.C. 78s(b)(3)(A). proposed rule change does not: (i) be used as a base rate for guaranteed 13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– fluctuating interest rate SBA loans. This significantly affect the protection of 4(f)(6)(iii) requires the Exchange to give the investors or the public interest; (ii) Commission written notice of the Exchange’s intent rate will be 4.000 (4) percent for the impose any significant burden on to file the proposed rule change, along with a brief July–September quarter of FY 2010. competition; and (iii) become operative description and text of the proposed rule change, Pursuant to 13 CFR 120.921(b), the at least five business days prior to the date of filing maximum legal interest rate for any prior to 30 days from the date on which of the proposed rule change, or such shorter time it was filed, or such shorter time as the as designated by the Commission. The Exchange third party lender’s commercial loan Commission may designate, if has satisfied the pre-filing requirement. which funds any portion of the cost of consistent with the protection of 14 See Securities Exchange Act Release No. 59824 a 504 project (see 13 CFR 120.801) shall (April 27, 2009), 74 FR 20518 (May 4, 2009) (SR– be 6% over the New York Prime rate or, CBOE–2009–018). 8 if that exceeds the maximum interest 15 U.S.C. 78f(b). 15 For purposes only of waiving the 30-day 9 15 U.S.C. 78f(b)(5). operative delay, the Commission has considered the rate permitted by the constitution or 10 15 U.S.C. 78s(b)(3)(A)(iii). proposed rule’s impact on efficiency, competition, 11 17 CFR 240.19b–4(f)(6). and capital formation. See 15 U.S.C. 78c(f). 16 17 CFR 200.30–3(a)(12).

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laws of a given State, the maximum Dated: June 24, 2010. the projects that have been selected to interest rate will be the rate permitted Carl Chan, receive TIGER II Discretionary Grants no by the constitution or laws of the given Executive Director, ACPD. sooner than September 15, 2010. State. [FR Doc. 2010–15895 Filed 6–29–10; 8:45 am] ADDRESSES: Pre-applications must be Richard C. Blewett, BILLING CODE 4710–11–P submitted electronically to DOT, and Acting Director, Office of Financial applications must be submitted Assistance. electronically through Grants.gov. Only [FR Doc. 2010–15856 Filed 6–29–10; 8:45 am] DEPARTMENT OF TRANSPORTATION pre-applications received by DOT and BILLING CODE P applications received through Office of the Secretary of Grants.gov will be deemed properly Transportation filed. Instructions for submitting pre- [Docket No. DOT–OST–2010–0076] applications to DOT and applications DEPARTMENT OF STATE through Grants.gov are included in Notice of Funding Availability for the Section VIII (Pre-Application and [Public Notice Number: 7005] Department of Transportation’s Application Cycle) of the June 1 notice National Infrastructure Investments of funding availability (75 FR 30461). U.S. Advisory Commission on Public Under the Transportation, Housing and Diplomacy; Notice of Meeting Urban Development, and Related FOR FURTHER INFORMATION CONTACT: For Agencies Appropriations Act for 2010 further information concerning this The U.S. Advisory Commission on notice, please contact the TIGER II Public Diplomacy will hold a public AGENCY: Office of the Secretary of Discretionary Grant program manager meeting on July 20, 2010 from 9 a.m. to Transportation, DOT. via e-mail at [email protected], or 11 a.m. in the conference room of the ACTION: Notice of extension of deadline call Robert Mariner at 202–366–8914. A International Foundation for Electoral to submit pre-applications. TDD is available for individuals who are Systems (IFES) located at 1850 K Street, hearing impaired at 202–366–3993. In NW., Fifth Floor, Washington, DC SUMMARY: On June 1, 2010, DOT addition, DOT will regularly post 20006. published a notice (75 FR 30461) answers to questions and requests for The Commissioners will discuss announcing the availability of funding clarifications on DOT’s Web site at public diplomacy issues, including and requesting proposals for DOT’s http://www.dot.gov/recovery/ost/ measurement of U.S. government public National Infrastructure Investments TIGERII. diplomacy efforts. grant program under the FY 2010 The Advisory Commission was Appropriations Act. The DOT is SUPPLEMENTARY INFORMATION: On April originally established under Section 604 referring to the grants for National 26, 2010, DOT published an interim of the United States Information and Infrastructure Investments as ‘‘TIGER II notice (75 FR 21695) announcing the Exchange Act of 1948, as amended (22 Discretionary Grants.’’ Through this availability of funding and requesting U.S.C. 1469) and Section 8 of notice, DOT is extending the deadline to proposals for the Department of Reorganization Plan Numbered 2 of submit pre-applications for TIGER II Transportation’s National Infrastructure 1977. It was reauthorized pursuant to Discretionary Grants from July 16, 2010, Investments program under the Public Law 11–70 (2009), 22 U.S.C. at 5 p.m. EDT to July 26, 2010, at 5 p.m. Transportation, Housing and Urban 6553. EDT. The deadline for submitting final Development, and Related Agencies The Advisory Commission is a applications is not being extended, and Appropriations Act for 2010 (Div. A of bipartisan panel created by Congress to remains August 23, 2010, at 5 p.m. EDT. the Consolidated Appropriations Act, assess public diplomacy policies and DATES: Pre-applications must be 2010 (Pub. L. 111–117, Dec. 16, 2009)) programs of the U.S. government and submitted by July 26, 2010, at 5 p.m. (the ‘‘FY 2010 Appropriations Act’’). The publicly funded nongovernmental EDT (the ‘‘Pre-Application Deadline’’). DOT is referring to the grants for organizations. The Commission reports Final applications must be submitted National Infrastructure Investments its findings and recommendations to the through Grants.gov by August 23, 2010, under the FY 2010 Appropriations Act President, the Congress and the at 5 p.m. EDT (the ‘‘Application as ‘‘TIGER II Discretionary Grants.’’ Secretary of State and the American Deadline’’). The DOT pre-application Because this is a new program, the people. Current Commission members system opened on June 23, 2010 to interim notice also requested comments include William Hybl of Colorado, who allow prospective applicants to submit on the proposed selection criteria and serves as Chairman; Jay Snyder of New pre-applications. Subsequently, the guidance for awarding TIGER II York; Penne Korth Peacock of Texas; Grants.gov ‘‘Apply’’ function will open Discretionary Grants. The DOT Lyndon Olson of Texas; John Osborn of on July 30, 2010, allowing applicants to considered the comments that were Pennsylvania; and Lezlee Westine of submit applications. While applicants submitted in accordance with the Virginia. are encouraged to submit pre- interim notice and published an The public may attend this meeting as applications in advance of the Pre- additional notice revising some seating capacity allows. To attend this Application Deadline, pre-applications elements of the interim notice on June meeting and for further information, will not be reviewed until after the Pre- 1, 2010 (75 FR 30461). This notice please contact Gerald McLoughlin at Application Deadline. Similarly, while makes one additional revision to the (202) 632–6570, e-mail: applicants are encouraged to submit notice published on June 1, 2010. This [email protected]. Any member of applications in advance of the notice extends the deadline for the public requesting reasonable Application Deadline, applications will submitting pre-applications from July accommodation at this meeting should not be evaluated, and awards will not be 16, 2010, at 5 p.m. EDT to July 26, 2010, contact Mr. McLoughlin prior to July made, until after the Application at 5 p.m. EDT. The deadline for 15th. Requests received after that date Deadline. Pursuant to the FY 2010 submitting final applications is not will be considered, but might not be Appropriations Act, the DOT will being extended, and remains August 23, possible to fulfill. evaluate all applications and announce 2010, at 5 p.m. EDT.

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Issued on: June 24, 2010. OMB Control #: 2125–0541 the quality of the collected information. Ray LaHood, Background: Title 23 United States The agency will summarize and/or Secretary. Code, Section 141(c), provides that a include your comments in the request [FR Doc. 2010–15936 Filed 6–29–10; 8:45 am] State’s apportionment of funds under 23 for OMB’s clearance of this information BILLING CODE 4910–9X–P U.S.C. 104(b)(4) shall be reduced in an collection. amount up to 25 percent of the amount Authority: The Paperwork Reduction Act to be apportioned during any fiscal year of 1995; 44 U.S.C. Chapter 35, as amended; DEPARTMENT OF TRANSPORTATION beginning after September 30, 1984, if and 49 CFR 1.48. vehicles subject to the Federal heavy Issued on: June 24, 2010. Federal Highway Administration vehicle use tax are lawfully registered in Juli Huynh, [Docket No. FHWA–2010–0072] the State without having presented proof of payment of the tax. The annual Chief, Management Programs and Analysis Division. Agency Information Collection certification by the State Governor or [FR Doc. 2010–15891 Filed 6–29–10; 8:45 am] Activities: Notice of Request for designated official regarding the Extension of Currently Approved collection of the heavy vehicle use tax BILLING CODE 4910–22–P Information Collection serves as the FHWA’s primary means of determining State compliance. The AGENCY: Federal Highway FHWA has determined that an annual DEPARTMENT OF TRANSPORTATION Administration (FHWA), DOT. certification of compliance by each State Federal Highway Administration ACTION: Notice of request for extension is the least obtrusive means of of currently approved information administering the provisions of the Buy America Waiver Notification collection. legislative mandate. In addition, States are required to retain for 1 year a AGENCY: Federal Highway SUMMARY: The FHWA invites public Schedule 1, IRS Form 2290, Heavy Administration (FHWA), DOT. comments about our intention to request Vehicle Use Tax Return (or other ACTION: Notice. the Office of Management and Budget’s suitable alternative provided by SUMMARY: This notice provides (OMB) approval for renewal of an regulation). The FHWA conducts existing information collection that is information regarding the FHWA’s compliance reviews at least once every summarized below under finding that a Buy America waiver is 3 years to determine if the annual SUPPLEMENTARY INFORMATION. We are appropriate for the purchase of non- certification is adequate to ensure required to publish this notice in the domestic steel tubing API 5L, grade effective administration of 23 U.S.C. Federal Register by the Paperwork X52–PSLI, for construction of Federal- 141(c). Reduction Act of 1995. The estimated annual reporting aid project # IM–HPP–080–5(086) in DATES: Please submit comments by burden is 102 hours; the estimated New Jersey State. August 30, 2010. recordkeeping burden is 510 hours for a DATES: The effective date of the waiver ADDRESSES: You may submit comments total of 612 hours. The 50 States and the is July 1, 2010. identified by DOT Docket ID Number District of Columbia share this burden. FOR FURTHER INFORMATION CONTACT: For 2010–0072 by any of the following Preparing and processing the annual questions about this notice, please methods: certification is estimated to require 2 contact Mr. Gerald Yakowenko, FHWA Web Site: For access to the docket to hours per State. Recordkeeping is Office of Program Administration, (202) read background documents or estimated to require an average of 10 366–1562, or via e-mail at comments received go to the Federal hours per State. [email protected]. For legal eRulemaking Portal: Go to http:// Respondents: 50 State Transportation questions, please contact Mr. Michael www.regulations.gov. Follow the online Departments, and the District of Harkins, FHWA Office of the Chief instructions for submitting comments. Columbia for a total of 51 respondents. Counsel, (202) 366–4928, or via e-mail Fax: 1–202–493–2251. Frequency: Annually. at [email protected]. Office Mail: Docket Management Facility, Estimated Average Annual Burden hours for the FHWA are from 7:45 a.m. U.S. Department of Transportation, per Response: The average burden to to 4:15 p.m., est., Monday through West Building Ground Floor, Room submit the certification and to retain Friday, except Federal holidays. W12–140, 1200 New Jersey Avenue, SE., required records is 12 hours per SUPPLEMENTARY INFORMATION: Washington, DC 20590–0001. respondent. Hand Delivery or Courier: U.S. Estimated Total Annual Burden Electronic Access Department of Transportation, West Hours: Total estimated average annual An electronic copy of this document Building Ground Floor, Room W12–140, burden is 612 hours. may be downloaded from the Federal 1200 New Jersey Avenue, SE., Public Comments Invited: You are Register’s home page at: http:// Washington, DC 20590, between 9 a.m. asked to comment on any aspect of this www.archives.gov and the Government and 5 p.m. ET, Monday through Friday, information collection, including: (1) Printing Office’s database at: http:// except Federal holidays. Whether the proposed collection of www.access.gpo.gov/nara. FOR FURTHER INFORMATION CONTACT: information is necessary for the U.S. Gloria Williams, 202–366–5032, DOT’s performance, including whether Background Department of Transportation, Federal the information will have practical The FHWA’s Buy America policy in Highway Administration, Office of utility; (2) the accuracy of the U.S. 23 CFR 635.410 requires a domestic Highway Policy Information, 1200 New DOT’s estimate of the burden of the manufacturing process for any steel or Jersey Avenue, SE., Washington, DC proposed information collection; (3) iron products (including protective 20590, Monday through Friday, except ways to enhance the quality, usefulness, coatings) that are permanently Federal holidays. and clarity of the collected information; incorporated in a Federal-aid SUPPLEMENTARY INFORMATION: Title: and (4) ways that the burden could be construction project. The regulation also Certification of Enforcement of the minimized, including the use of provides for a waiver of the Buy Heavy Vehicle Use Tax. electronic technology, without reducing America requirements when the

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application would be inconsistent with BH–7826 (210) in Maine and the use of turnout castings, U69 guard bars, LV the public interest or when satisfactory non-domestic U69 guard bars in braces), and Weld kits (http:// quality domestic steel and iron products construction of American Recovery and www.fhwa.dot.gov/construction/ are not sufficiently available. This Reinvestment Act (Pub. L. 111–5) contracts/waivers.cfm?id=41). The notice provides information regarding (Recovery Act) project # RR–1654 in FHWA received four comments which the FHWA’s finding that a Buy America Portland, Oregon. confirmed domestic availability of waiver is appropriate to use non- DATES: The effective date of the waiver Manganese castings, LV braces, and domestic Steel tubing, APL 5L, grade is July 1, 2010. Weld kits. During the 15-day comment X52–PSLI, in New Jersey State. FOR FURTHER INFORMATION CONTACT: For periods, the FHWA conducted In accordance with Division A, questions about this notice, please additional nationwide review to locate section 123 of the ‘‘Consolidated contact Mr. Gerald Yakowenko, FHWA potential domestic manufacturers for Appropriations Act, 2010’’ (Pub. L. 111– Office of Program Administration, (202) the 22 mm Industrial dock fender steel 117), the FHWA published a notice of 366–1562, or via e-mail at chain, 400 ft, and U69 guard bars. Based intent to issue a waiver on its Web site on all the information available to the [email protected]. For legal for the steel tubing, APL 5L, grade X52– agency, the FHWA concludes that there questions, please contact Mr. Michael PSLI, (http://www.fhwa.dot.gov/ are no domestic manufacturers for the Harkins, FHWA Office of the Chief construction/contracts/ 22 mm Industrial dock fender steel Counsel, (202) 366–4928, or via e-mail waivers.cfm?id=45) on March 1st. The chain and U69 guard bars. Thus, the at [email protected]. Office FHWA received no comments in FHWA concludes that a Buy America hours for the FHWA are from 7:45 a.m. response to the publication, which waiver is appropriate for 22 mm to 4:15 p.m., e.t., Monday through suggests that the steel tubing may not be Industrial dock fender steel chain and Friday, except Federal holidays. available domestically. During the 15- U69 guard bars, but not appropriate for day comment period, the FHWA SUPPLEMENTARY INFORMATION: Manganese turnout castings, LV braces, conducted additional nationwide Electronic Access and Weld kits by 23 CFR 635.410(c)(1). review to locate potential domestic In accordance with the provisions of An electronic copy of this document manufacturers for the steel tubing, APL section 117 of the SAFETEA–LU may be downloaded from the Federal 5L, grade X52–PSLI. Based on all the Technical Corrections Act of 2008 (Pub. Register’s home page at: http:// information available to the agency, the L. 110–244, 122 Stat.1572), the FHWA www.archives.gov and the Government FHWA concludes that there are no is providing this notice as its finding Printing Office’s database at: http:// domestic manufacturers for the steel that a waiver of Buy America www.access.gpo.gov/nara. tubing, APL 5L, grade X52–PSLI. requirements is appropriate for the 22 In accordance with the provisions of Background mm Industrial dock fender steel chain section 117 of the SAFETEA–LU and U69 guard bars. The FHWA invites The FHWA’s Buy America policy in Technical Corrections Act of 2008 (Pub. public comment on this finding for an 23 CFR 635.410 requires a domestic L. 110–244, 122 Stat.1572), the FHWA additional 15 days following the manufacturing process for any steel or is providing this notice as its finding effective date of the finding. Comments iron products (including protective that a waiver of Buy America may be submitted to the FHWA’s Web coatings) that are permanently requirements is appropriate. The FHWA sites via the links provided to the incorporated in a Federal-aid invites public comment on this finding Oregon and Maine waiver pages noted construction project. The regulation also for an additional 15 days following the above. provides for a waiver of the Buy effective date of the finding. Comments America requirements when the Authority: 23 U.S.C. 313; Pub. L. 110–161, may be submitted to the FHWA’s Web application of such requirements would 23 CFR 635.410. site via the link provided to the Ney be inconsistent with the public interest Issued on: June 23, 2010. Jersey waiver page noted above. or when satisfactory quality domestic Victor M. Mendez, (Authority: 23 U.S.C. 313; Pub. L. 110–161, steel and iron products are not Administrator. 23 CFR 635.410) sufficiently available. This notice [FR Doc. 2010–15846 Filed 6–29–10; 8:45 am] Issued on: June 23, 2010. provides information regarding the BILLING CODE 4910–22–P Victor M. Mendez, FHWA’s finding that a Buy America Administrator. waiver is appropriate for the use of non- [FR Doc. 2010–15810 Filed 6–29–10; 8:45 am] domestic 22 mm Industrial dock steel DEPARTMENT OF TRANSPORTATION BILLING CODE 4910–22–P chain, 400 ft, in Maine, and U69 guard bars in Oregon. Federal Highway Administration In accordance with the Division I, DEPARTMENT OF TRANSPORTATION section 126 of the ‘‘Omnibus Buy America Waiver Notification Appropriations Act, 2009’’ (Pub. L. 111– AGENCY: Federal Highway Federal Highway Administration 8), the FHWA published a notice of Administration (FHWA), DOT. intent to issue a waiver for non- ACTION: Notice. Buy America Waiver Notification domestic 22mm Industrial deck fender AGENCY: Federal Highway chain, 400 ft. (http://www.fhwa.dot.gov/ SUMMARY: This notice provides Administration (FHWA), DOT. construction/contracts/ information regarding the FHWA’s ACTION: Notice. waivers.cfm?id=40) on November 5. The finding that a Buy America waiver is FHWA received no comments in appropriate for the use of the non- SUMMARY: This notice provides response to this notice which suggested domestic alloy stainless steel 65061A information regarding the FHWA’s that the 22 mm Industrial dock fender double-ended beam, RLSCA–50k finding that a Buy America waiver is chain, 400 ft is available domestically. weighing system for relocation and appropriate for use of non-domestic 22 On November 13, FHWA published a upgrade of an existing motor carrier mm Industrial dock steel chain, 400 ft, notice of intent to issue a waiver for weigh station under Federal-aid project in construction of Federal-aid project # non-domestic turnouts (Manganese no. X–NH–S009 (329) in Oregon.

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DATES: The effective date of the waiver available to the agency, the FHWA Printing Office’s database at: http:// is July 1, 2010. concludes that there are no domestic www.access.gpo.gov/nara. manufacturers for the alloy stainless FOR FURTHER INFORMATION CONTACT: For Background questions about this notice, please steel 65061A double-ended beam, contact Mr. Gerald Yakowenko, FHWA RLSCA–50k weighing system. The FHWA’s Buy America policy in Office of Program Administration, (202) In accordance with the provisions of 23 CFR 635.410 requires a domestic 366–1562, or via e-mail at section 117 of the SAFETEA–LU manufacturing process for any steel or [email protected]. For legal Technical Corrections Act of 2008 (Pub. iron products (including protective questions, please contact Mr. Michael L. 110–244, 122 Stat.1572), the FHWA coatings) that are permanently incorporated in a Federal-aid Harkins, FHWA Office of the Chief is providing this notice as its finding construction project. The regulation also Counsel, (202) 366–4928, or via e-mail that a waiver of Buy America provides for a waiver of the Buy at [email protected]. Office requirements is appropriate. The FHWA America requirements when the hours for the FHWA are from 7:45 a.m. invites public comment on this finding application of such requirements would to 4:15 p.m., e.t., Monday through for an additional 15 days following the be inconsistent with the public interest Friday, except Federal holidays. effective date of the finding. Comments or when satisfactory quality domestic SUPPLEMENTARY INFORMATION: may be submitted to the FHWA’s Web site via the link provided to the Oregon steel and iron products are not Electronic Access waiver page noted above. sufficiently available. This notice provides information regarding the An electronic copy of this document (Authority: 23 U.S.C. 313; Pub. L. 110–161, FHWA’s finding that a Buy America may be downloaded from the Federal 23 CFR 635.410) waiver is appropriate for the use of non- Register’s home page at: http:// Issued on: June 23, 2010. domestic 1″ diameter hollow core www.archives.gov and the Government Victor M. Mendez, threaded share anchor rods for Printing Office’s database at: http:// Administrator. construction of a Federal-aid project in www.access.gpo.gov/nara. [FR Doc. 2010–15847 Filed 6–29–10; 8:45 am] Oregon. In accordance with the Division I, Background BILLING CODE 4910–22–P section 126 of the ‘‘Omnibus The FHWA’s Buy America policy in Appropriations Act, 2009’’ (Pub. L. 111– 23 CFR 635.410 requires a domestic DEPARTMENT OF TRANSPORTATION 8), the FHWA published on its Web site manufacturing process for any steel or a notice of intent to issue a waiver for iron products (including protective Federal Highway Administration the 1″ diameter hollow core threaded coatings) that are permanently share anchor rods (http:// incorporated in a Federal-aid Buy America Waiver Notification www.fhwa.dot.gov/construction/ construction project. The regulation also contracts/waivers.cfm?id=43) on provides for a waiver of the Buy AGENCY: Federal Highway November 5th. The FHWA received four America requirements when the Administration (FHWA), DOT. comments in response to this proposed application would be inconsistent with ACTION: Notice. waiver. Two of the comments concerned the public interest or when satisfactory the availability of 1″ diameter hollow quality domestic steel and iron products SUMMARY: This notice provides core threaded anchor rods and the other are not sufficiently available. This information regarding the FHWA’s two were general comments unrelated to notice provides information regarding finding that a Buy America waiver is the domestic availability of this product. the FHWA’s finding that a Buy America appropriate for use of non-domestic 1’’ With respect to the two comments waiver is appropriate to use for the non- diameter hollow core threaded share concerning the domestic availability of domestic alloy stainless steel 65061A anchor rods in construction of Federal- this product, one comment agreed that double-ended beam, RLSCA–50k aid project # X–STP–1525 (004) in the product is not domestically weighing system. Oregon. available. The other comment noted In accordance with section 123 of DATES: The effective date of the waiver three Web sites to manufacturers that Division A of the ‘‘Consolidated is July 1, 2010. may be able to produce this product. Appropriations Act, 2010’’ (Pub. L. 111– The FHWA spoke to representatives 117), the FHWA published a notice of FOR FURTHER INFORMATION CONTACT: For from two of the manufacturers who intent to issue a waiver on its Web site questions about this notice, please confirmed that they do not make the for the alloy stainless steel 65061A contact Mr. Gerald Yakowenko, FHWA product. With respect to the third Web double-ended beam, RLSCA–50k Office of Program Administration, (202) site (rods.pronto.com), the FHWA could weighing system (http:// 366–1562, or via e-mail at not locate a specific Web site with this www.fhwa.dot.gov/construction/ [email protected]. For legal address. contracts/waivers.cfm?id=49) on May questions, please contact Mr. Michael In addition, during the 15-day 25, 2010. The FHWA received no Harkins, FHWA Office of the Chief comment period, the FHWA conducted comments in response to the Counsel, (202) 366–4928, or via e-mail additional nationwide review to locate publication, which suggests that the at [email protected]. Office potential domestic manufacturers for alloy stainless steel 65061A double- hours for the FHWA are from 7:45 a.m. the 1″ diameter hollow core threaded ended beam, RLSCA–50k weighing to 4:15 p.m., e.t., Monday through share anchor rods. Based on all the system may not be available Friday, except Federal holidays. information available to the agency, the domestically. During the 15-day SUPPLEMENTARY INFORMATION: FHWA concludes that there are no comment period, the FHWA conducted domestic manufacturers for the 1″ Electronic Access additional nationwide review to locate diameter hollow core threaded share potential domestic manufacturers for An electronic copy of this document anchor rods. Thus, the FHWA the alloy stainless steel 65061A double- may be downloaded from the Federal concludes that a Buy America waiver is ended beam, RLSCA–50k weighing Register’s home page at: http:// appropriate for the 1″ diameter hollow system. Based on all the information www.archives.gov and the Government core threaded share anchor rods.

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In accordance with the provisions of manufacturing process for any steel or DEPARTMENT OF TRANSPORTATION section 117 of the SAFETEA—LU iron products (including protective Technical Corrections Act of 2008 (Pub. coatings) that are permanently Federal Highway Administration L. 110–244, 122 Stat.1572), the FHWA incorporated in a Federal-aid Buy America Waiver Notification is providing this notice as its finding construction project. The regulation also that a waiver of Buy America provides for a waiver of the Buy AGENCY: Federal Highway requirements is appropriate. The FHWA America requirements when the Administration (FHWA), DOT. invites public comment on this finding application would be inconsistent with ACTION: Notice. for an additional 15 days following the the public interest or when satisfactory effective date of the finding. Comments quality domestic steel and iron products SUMMARY: This notice provides may be submitted to the FHWA’s Web are not sufficiently available. This information regarding the FHWA’s site via the link provided to the Oregon notice provides information regarding finding that a Buy America waiver is waiver pages noted above. the FHWA’s finding that a Buy America appropriate for the purchase of foreign Authority: 23 U.S.C. 313; Pub. L. 110–161, waiver is appropriate to use non- seismic isolation bearing for construction of Federal-aid project 23 CFR 635.410. domestic Machinery and Motor Brakes; #BHS–37XX(001) in Washington State. Issued on: June 23, 2010. 230/460 Volts, three-phase, 60 Hz. The DATES: King W. Gee, use of the Machinery and Motor brakes The effective date of the waiver is July 1, 2010. Associate Administrator for Infrastructure. is to meet the Federal design code, FOR FURTHER INFORMATION CONTACT: For [FR Doc. 2010–15849 Filed 6–29–10; 8:45 am] AASHTO LRFD for Movable Highway questions about this notice, please BILLING CODE 4910–22–P Bridge Design Specifications for bascule bridges. contact Mr. Gerald Yakowenko, FHWA Office of Program Administration, (202) In accordance with section 123 of DEPARTMENT OF TRANSPORTATION 366–1562, or via e-mail at Division A of the ‘‘Consolidated [email protected]. For legal Federal Highway Administration Buy Appropriations Act, 2010’’ (Pub. L. 111– questions, please contact Mr. Michael America Waiver Notification 117), the FHWA published a notice of Harkins, FHWA Office of the Chief intent to issue a waiver on its Web site Counsel, (202) 366–4928, or via e-mail Federal Highway Administration for Machinery and Motor brakes (http:// at [email protected]. Office (FHWA), DOT. www.fhwa.dot.gov/construction/ hours for the FHWA are from 7:45 a.m. contracts/waivers.cfm?id=47) on April to 4:15 p.m., est., Monday through ACTION: Notice. 7, 2010. The FHWA received no Friday, except Federal holidays. SUMMARY: This notice provides comments in response to the SUPPLEMENTARY INFORMATION: publication, which suggests that the information regarding the FHWA’s Electronic Access finding that a Buy America waiver is Machinery and Motor brakes may not be An electronic copy of this document appropriate for the use of non-domestic available domestically. During the 15- may be downloaded from the Federal Machinery and Motor brakes for day comment period, the FHWA Register’s home page at: http:// rehabilitation of Federal-aid project conducted additional nationwide www.archives.gov and the Government SFTL–234R; Platt Street movable Bridge review to locate potential domestic Printing Office’s database at: http:// project in Tampa, Florida. manufacturers for Machinery and Motor www.access.gpo.gov/nara. DATES: The effective date of the waiver brakes. Based on all the information is July 1, 2010. available to the agency, the FHWA Background FOR FURTHER INFORMATION CONTACT: For concludes that there are no domestic The FHWA’s Buy America policy in questions about this notice, please manufacturers for the Machinery and 23 CFR 635.410 requires a domestic contact Mr. Gerald Yakowenko, FHWA Motor brakes; 230/460 Volts AC, three- manufacturing process for any steel or Office of Program Administration, (202) phase, 60 HZ. iron products (including protective 366–1562, or via e-mail at In accordance with the provisions of coatings) that are permanently [email protected]. For legal section 117 of the SAFETEA–LU incorporated in a Federal-aid questions, please contact Mr. Michael Technical Corrections Act of 2008 (Pub. construction project. The regulation also Harkins, FHWA Office of the Chief L. 110–244, 122 Stat.1572), the FHWA provides for a waiver of the Buy Counsel, (202) 366–4928, or via e-mail is providing this notice as its finding America requirements when the at [email protected]. Office that a waiver of Buy America application would be inconsistent with hours for the FHWA are from 7:45 a.m. requirements is appropriate. The FHWA the public interest or when satisfactory to 4:15 p.m., e.s.t., Monday through invites public comment on this finding quality domestic steel and iron products Friday, except Federal holidays. for an additional 15 days following the are not sufficiently available. This SUPPLEMENTARY INFORMATION: effective date of the finding. Comments notice provides information regarding the FHWA’s finding that a Buy America may be submitted to the FHWA’s Web Electronic Access waiver is appropriate to use non- site via the link provided to the Florida An electronic copy of this document domestic seismic isolation bearings in waiver page noted above. may be downloaded from the Federal Washington State. Register home page at: http:// Authority: 23 U.S.C. 313; Pub. L. 110–161, In accordance with Division A, www.archives.gov and the Government 23 CFR 635.410. section 123 of the ‘‘Consolidated Printing Office’s database at: http:// Issued on: June 23, 2010. Appropriations Act, 2010’’ (Pub. L. 111– 117), the FHWA published a notice of www.access.gpo.gov/nara. Victor M. Mendez, intent to issue a waiver on its Web site Background Administrator. for the seismic isolation bearing (http:// The FHWA’s Buy America policy in [FR Doc. 2010–15820 Filed 6–29–10; 8:45 am] www.fhwa.dot.gov/construction/ 23 CFR 635.410 requires a domestic BILLING CODE 4910–22–P contracts/waivers.cfm?id=44) on

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February 16. The FHWA received no traverses the following United States 12, 2010.4 Petitions to reopen must be comments in response to the notice Postal Service Zip Codes: In Michigan filed by July 20, 2010, with: Surface which suggests that the seismic 48120, 48126, 48228, 48239, 48150, Transportation Board, 395 E Street, SW., isolation bearings may not be available 48170, 48168, 48167, 48178, 48116, Washington, DC 20423–0001. domestically. During the 15-day 48843, 48855, 48836, 48892, 48895, A copy of any petition filed with the comment period, the FHWA conducted 48864, 48823, 48912, 48906, 48837, Board should be sent to Soo Line’s additional nationwide review to locate 48861, 48890, 48849, 48815, 49302, representative: Terence M. Hynes, potential domestic manufacturers for 49301, 49512, 49508, 49507, 49503, Sidley Austin LLP, 1501 K Street, NW., the seismic isolation bearing. Based on 49509, 49519, 49518, 49428, 49426, Washington, DC 20005. all the information available to the 49464, 49424, 49423, 49419, 49408, If the verified notice contains false or agency, the FHWA concludes that there 49450, 49056, 49027, 49013, 49057, misleading information, the exemption are no domestic manufacturers for the 49098, 49038, 49022, 49085, 49127, is void ab initio. seismic isolation bearing. 49106, 49125, 49128, 49116, 49129, and Board decisions and notices are In accordance with the provisions of 49117; in Indiana 46360, 46304, 46368, available on our Web site at http:// section 117 of the SAFETEA—LU 46403, 46402, 46406, 46312, and 46394; www.stb.dot.gov. Technical Corrections Act of 2008 (Pub. and in Illinois 60131, 60171, 60707, Decided: June 24, 2010. L. 110–244, 122 Stat.1572), the FHWA 60639, 60651, 60644, 60624, 60623, is providing this notice as its finding By the Board, Rachel D. Campbell, 60632, 60629, 60652, 60636, 60621, Director, Office of Proceedings. that a waiver of Buy America 60620, 60619, and 60617. Kulunie L. Cannon, requirements is appropriate. The FHWA Soo has certified that: (1) No local invites public comment on this finding traffic has moved over the line via Soo Clearance Clerk. for an additional 15 days following the Line’s overhead trackage rights for at [FR Doc. 2010–15817 Filed 6–29–10; 8:45 am] effective date of the finding. Comments least 2 years; (2) any Soo Line overhead BILLING CODE 4915–01–P may be submitted to the FHWA’s Web traffic can be rerouted over other lines; site via the link provided to the (3) no formal complaint filed by a user Washington waiver page noted above. of Soo Line’s overhead trackage rights DEPARTMENT OF TRANSPORTATION (Authority: 23 U.S.C. 313; Pub. L. 110–161, service on the line (or by a state or local Federal Highway Administration 23 CFR 635.410) government entity acting on behalf of Issued on: June 23, 2010. such user) regarding cessation of service Notice of Final Federal Agency Actions Victor M. Mendez, over the line either is pending with the on Proposed Highway in California Administrator. Board or with any U.S. District Court or AGENCY: Federal Highway [FR Doc. 2010–15799 Filed 6–29–10; 8:45 am] has been decided in favor of complainant within the 2-year period; Administration (FHWA), DOT. BILLING CODE 4910–22–P and (4) the requirements at 49 CFR ACTION: Notice of Limitation on Claims 1105.12 (newspaper publication), and for Judicial Review of Actions by the DEPARTMENT OF TRANSPORTATION 49 CFR 1152.50(d)(1) (notice to California Department of Transportation governmental agencies) have been met. (Caltrans), pursuant to 23 U.S.C. 326. Surface Transportation Board As a condition to this exemption, any employee adversely affected by the SUMMARY: The FHWA, on behalf of [Docket No. AB 57 (Sub-No. 59X)] discontinuance of service shall be Caltrans, is issuing this notice to Soo Line Railroad Company— protected under Oregon Short Line announce actions taken by Caltrans and Discontinuance of Trackage Rights Railroad–Abandonment Portion Goshen other Federal agencies that are final Exemption—in Wayne, Washtenaw, Branch Between Firth & Ammon, in within the meaning of 23 U.S.C. Oakland, Livingston, Ingham, Clinton, Bingham & Bonneville Counties, Idaho, 139(l)(1). The actions relate to a Eaton, Barry, Ionia, Kent, Ottawa, 360 I.C.C. 91 (1979). To address whether proposed local roadway project, a Allegan, Van Buren, and Berrien this condition adequately protects pedestrian overcrossing spanning Ted Counties, MI, LaPorte, Porter, and Lake affected employees, a petition for partial Williams Parkway on Shoal Creek Drive Counties, IN, and Cook County, IL revocation under 49 U.S.C. 10502(d) in the County of San Diego, State of must be filed. California. Those actions grant licenses, Soo Line Railroad Company (Soo Provided no formal expression of permits, and approvals for the project. 1 Line) has filed a verified notice of intent to file an offer of financial DATES: By this notice, the FHWA, on exemption under 49 CFR Part 1152 assistance (OFA) has been received, this behalf of Caltrans, is advising the public Subpart F—Exempt Abandonments and exemption will be effective on July 30, of final agency actions subject to 23 Discontinuances of Service to 2010, unless stayed pending U.S.C. 139(l)(1). A claim seeking discontinue its overhead trackage rights reconsideration. Petitions to stay that do judicial review of the Federal agency over approximately 298 miles of rail not involve environmental issues and actions on the highway project will be line owned and/or operated by CSX formal expressions of intent to file an barred unless the claim is filed on or Transportation, Inc. (CSXT) extending OFA for continued rail service under 49 before December 27, 2010. If the Federal between Chicago, Ill., and Rougemere CFR 1152.27(c)(2) 3 must be filed by July law that authorizes judicial review of a 2 Yard in Dearborn Mich. The Line claim provides a time period of less supports the discontinuance of service over the 298 than 180 days for filing such claim, then 1 Soo Line is a wholly owned indirect subsidiary miles of line by Soo Line and that CSXT and Soo of Canadian Pacific Railway Company. Line have agreed to terminate that agreement. CSXT the shorter time period still applies. 2 Soo Line acquired those overhead trackage from states that it has provided local and overhead CSXT’s predecessor, the Chesapeake and Ohio service during the term of the agreement and will 4 Because this is a discontinuance proceeding and Railway Company, pursuant to an agreement dated continue to do so after Soo Line discontinues its not an abandonment, trail use/rail banking and July 16, 1985. See Soo Line R.R..—Joint Use of overhead service on the line. public use conditions are not appropriate. Likewise, Lines—Chesapeake and Ohio Ry., Docket No. FD 3 Each OFA must be accompanied by the filing no environmental or historical documentation is 30703 (ICC served Sept. 10, 1986). On June 15, fee, which currently is set at $1,500. See 49 CFR required here under 49 CFR 1105.6(c) and 2010, CSXT submitted a letter stating that it 1002.2(f)(25). 1105.8(b), respectively.

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FOR FURTHER INFORMATION CONTACT: Issued on: June 24, 2010. comments received into any of our Kevin Hovey, Senior Environmental Karen Bobo, dockets, including the name of the Planner, Division of Environmental Director, Local Programs, Federal Highway individual sending the comment (or Analysis, California Department of Administration, Sacramento, California. signing the comment for an association, Transportation, 4050 Taylor Street, San [FR Doc. 2010–15868 Filed 6–29–10; 8:45 am] business, labor union, etc.). You may Diego, CA 92110, Regular Office Hours BILLING CODE 4910–RY–P review DOT’s complete Privacy Act 7 a.m. to 3 p.m., Telephone number Statement in the Federal Register 619–688–0240, e-mail published on April 11, 2000 (65 FR [email protected]. DEPARTMENT OF TRANSPORTATION 19477–78). SUPPLEMENTARY INFORMATION: Effective Federal Aviation Administration Docket: To read background documents or comments received, go to June 7, 2010, the FHWA assigned, and [Summary Notice No. PE–2010–30] the California Department of http://www.regulations.gov at any time Transportation (Caltrans) assumed, Petitions for Exemption; Summary of or to the Docket Management Facility in environmental responsibilities for this Petitions Received Room W12–140 of the West Building project pursuant to 23 U.S.C. 326. Ground Floor at 1200 New Jersey Notice is hereby given that Caltrans has AGENCY: Federal Aviation Avenue, SE., Washington, DC, between taken final agency actions subject to 23 Administration (FAA), DOT. 9 a.m. and 5 p.m., Monday through U.S.C. 139(l)(1) by issuing licenses, ACTION: Notice of petitions for Friday, except Federal holidays. permits, and approvals for the following exemption received FOR FURTHER INFORMATION CONTACT: Jan project in the State of California: The SUMMARY: This notice contains a Thor, (425–227–2127), Standardization project is located in the Carmel summary of a petition seeking relief Branch, ANM–113, Federal Aviation Mountain Ranch Community of the City from specified requirements of 14 CFR. Administration, 1601 Lind Avenue SW., of San Diego along Shoal Creek Drive. The purpose of this notice is to improve Renton, WA 98057–3356., or Brenda The proposed project will construct a the public’s awareness of, and pedestrian bridge over Ted Williams Sexton, (202) 267–3664, Office of participation in, this aspect of FAA’s Rulemaking, ARM–1, Federal Aviation Parkway (a six lane primary arterial) regulatory activities. Neither publication from the northeast corner of Shoal Creek Administration, 800 Independence of this notice nor the inclusion or Avenue, SW., Washington, DC 20591. Drive to the southeast corner adjacent to omission of information in the summary Shoal Creek Elementary School. Project is intended to affect the legal status of This notice is published pursuant to will be constructed in less than six any petition or its final disposition. 14 CFR 11.85. months and will be constructed in two DATES: Comments on petitions received Issued in Washington, DC, on June 24, phases. The FHWA project reference must identify the petition docket 2010. number is HPLU 5004(168). The actions number involved and must be received Pamela Hamilton-Powell, by the Federal agencies, and the laws on or before July 20, 2010. under which such actions were taken, Director, Office of Rulemaking. ADDRESSES: You may send comments are described in the project files. The identified by Docket Number FAA– Petitions for Exemption Categorical Exclusion, approved on 6/ 2010–0580 using any of the following 14/2010, and other project records are methods: Docket No.: FAA–2010–0580. available by contacting Caltrans at the • Government-wide rulemaking Web Petitioner: Jet Aviation Engineering addresses provided above. site: Go to http://www.regulations.gov Services, L.P. This notice applies to all Federal and follow the instructions for sending Section of 14 CFR Affected: § 25.601. agency decisions as of the issuance date your comments electronically. of this notice and all laws under which • Mail: Send comments to the Docket Description of Relief Sought: To such actions were taken, including but Management Facility; U.S. Department provide relief from the requirements of not limited to: of Transportation, 1200 New Jersey § 25.601, 1. National Environmental Policy Act Avenue, SE., West Building Ground Amendment 25–0, for two remote (NEPA); Floor, Room W12–140, Washington, DC passenger compartments on a Boeing 20590. Model 747–468 airplane, S/N 28343 2. Safe, Accountable, Flexible, • Fax: Fax comments to the Docket being modified by Jet Aviation to be Efficient Transportation Equity Act: A Management Facility at 202–493–2251. used as a VIP airplane for the Saudi Legacy for Users (SAFETEA–LU); • Hand Delivery: Bring comments to Arabian Head of State. The first is an in- the Docket Management Facility in 3. Migratory Bird Treaty Act; flight occupiable forward lower deck Room W12–140 of the West Building passenger rest area with an alternating 4. Title VI of the Civil Rights Act of Ground Floor at 1200 New Jersey 1964; Avenue, SE., Washington, DC, between tread stairway. The second is an in- 5. National Historic Preservation Act 9 a.m. and 5 p.m., Monday through flight occupiable upper deck of 1966; Friday, except Federal holidays. compartment with a curved segmented stairway between the main and upper 6. Historic Sites Act of 1935. For more information on the rulemaking process, see the deck. (Catalog of Federal Domestic Assistance SUPPLEMENTARY INFORMATION section of [FR Doc. 2010–15854 Filed 6–29–10; 8:45 am] Program Number 20.205, Highway Planning this document. BILLING CODE 4910–13–P and Construction. The regulations Privacy: We will post all comments implementing Executive Order 12372 we receive, without change, to http:// regarding intergovernmental consultation on www.regulations.gov, including any Federal programs and activities apply to this personal information you provide. program.) Using the search function of our docket Authority: 23 U.S.C. 139(l)(1). Web site, anyone can find and read the

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DEPARTMENT OF THE TREASURY Consolidated Appropriations Act of DATES: The designation by the Director 2010 (Pub. L. 111–117). of OFAC of the one individual Community Development Financial Current Actions: New collection. identified in this notice, pursuant to Institutions Fund Type of Review: Regular Review. Executive Order 13413 of October 27, Affected Public: Certified and 2006, is effective on June 24, 2010. Proposed Collection; Comment certifiable CDFIs and qualified nonprofit FOR FURTHER INFORMATION CONTACT: Request housing organizations. Assistant Director, Compliance AGENCY: Community Development Estimated Number of Respondents: Outreach & Implementation, Office of Financial Institutions Fund, Department 250. Foreign Assets Control, Department of of the Treasury. Estimated Annual Time per the Treasury, Washington, DC 20220, tel.: 202/622–2490. ACTION: Notice and request for Respondent: 50 hours. comments. Estimated Total Annual Burden SUPPLEMENTARY INFORMATION: Hours: 12,500 hours. Electronic and Facsimile Availability SUMMARY: The U.S. Department of the Requests for Comments: Comments Treasury, as part of its continuing effort submitted in response to this notice will This document and additional to reduce paperwork and respondent be summarized and/or included in the information concerning OFAC are burden, invites the general public and request for Office of Management and available from OFAC’s Web site (http: other Federal agencies to take this Budget approval. All comments will //www.treas.gov/ofac) via facsimile opportunity to comment on proposed become a matter of public record and through a 24-hour fax-on demand information collections, as required by will be published on the CDFI Fund service, tel.: (202) 622–0077. the Paperwork Reduction Act of 1995, Web site at http://www.cdfifund.gov. Background Comments are invited on: (a) Whether Public Law 104–13 (44 U.S.C. On October 27, 2006, the President 3506(c)(2)(A)). Currently, the the collection of information is signed Executive Order 13413 (the Community Development Financial necessary for the proper performance of ‘‘Order’’) pursuant to, inter alia, the Institutions (CDFI) Fund, Department of the functions of the CDFI Fund, International Emergency Economic the Treasury, is soliciting comments including whether the information shall Powers Act (50 U.S.C. 1701 et seq.) concerning the Capital Magnet Fund have practical utility; (b) the accuracy of (IEEPA), section 5 of the United Nations (CMF) Application. the CDFI Fund’s estimate of the burden Participation Act, as amended (22 DATES: Written comments should be of the collection of information; (c) ways U.S.C. 287c) (UNPA), and section 301 of received on or before August 30, 2010 to enhance the quality, utility, and title 3, United States Code. In the Order, to be assured of consideration. clarity of the information to be the President found that the situation in collected; (d) ways to minimize the ADDRESSES: Direct all comments to the Democratic Republic of the Congo burden of the collection of information David Dworkin, Program Manager, constitutes and unusual and on respondents, including through the Community Development Financial extraordinary threat to the foreign use of technology; and (e) estimates of Institutions Fund, U.S. Department of policy of the United States. The capital or start-up costs and costs of the Treasury, 601 13th Street, NW., President identified seven individuals operation, maintenance, and purchase Suite 200 South, Washington, DC 20005, as subject to the economic sanctions in of services to provide information. by e-mail to [email protected] or the Annex to the Order. by facsimile to (202) 622–7754. This is Authority: Pub. L. 110–289. Section 1 of the Order blocks, with not a toll-free number. Dated: June 23, 2010. certain exceptions, all property and interests in property that are in, or FOR FURTHER INFORMATION CONTACT: The Scott Berman, thereafter come within, the United CMF Application may be obtained from Acting Chief Operating Officer, Community States, or within the possession or the CMF page of the CDFI Fund’s Web Development Financial Institutions Fund. control of United States persons, of the site at http://www.cdfifund.gov. [FR Doc. 2010–15897 Filed 6–29–10; 8:45 am] persons listed in the Annex, as well as Requests for additional information BILLING CODE 4810–70–P those persons determined by the should be directed to David Dworkin, Secretary of the Treasury, after Program Manager, Community consultation with the Secretary of State, Development Financial Institutions DEPARTMENT OF THE TREASURY to meet any of the criteria set forth in Fund, U.S. Department of the Treasury, Office of Foreign Assets Control subparagraphs (a)(ii)(A)—(a)(ii)(G) of 601 13th Street, NW., Suite 200 South, Section 1. Washington, DC 20005, or call (202) On June 24, 2010, the Director of 622–6355. This is not a toll-free number. Blocking of Specially Designated National Pursuant to Executive Order OFAC exercised the Secretary of the SUPPLEMENTARY INFORMATION: 13413 Treasury’s authority to designate, Title: Capital Magnet Fund pursuant to one or more of the criteria Application. AGENCY: Office of Foreign Assets set forth in Section 1 of the Order, the OMB Number: 1559–0036. Control, Treasury. individual listed below. Abstract: The purpose of the CMF is ACTION: Notice. The listing of the blocked individual to competitively award grants to as follows: certified CDFIs and qualified nonprofit SUMMARY: The Treasury Department’s KAKWAVU BUKANDE, Jerome (a.k.a. housing organizations to finance Office of Foreign Assets Control KAKAWAVU BAKONDE, Jerome; affordable housing and related (‘‘OFAC’’) is publishing the name of one a.k.a. GAKWAVU BOKANDE, Jerome; community development projects. The individual whose property and interests a.k.a. GAGAKWAVU, Jerome); CMF was authorized in July of 2008 in property have been blocked pursuant Kinshasa, Aru, Congo, Democratic under Section 1339 of the Housing and to Executive Order 13413 of October 27, Republic of the; DOB 1964; POB Economic Recovery Act of 2008 (Pub. L. 2006, ‘‘Blocking Property of Certain Masisi, Nord-Kivu, DRC; nationality 110–289), and $80 million was Persons Contributing to the Conflict in Congo, Democratic Republic of the appropriated for this initiative under the the Democratic Republic of Congo’’. (individual) [DRCONGO]

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Dated: June 24, 2010. the interest shall be computed for The Circular may be viewed and Adam J. Szubin, interest payments under section 12 of downloaded through the Internet at Director, Office of Foreign Assets Control. the Contract Disputes Act of 1978 and http://www.fms.treas.gov/c570. [FR Doc. 2010–15826 Filed 6–29–10; 8:45 am] under the Prompt Payment Act. Under Questions concerning this Notice may BILLING CODE 4811–45–P the Prompt Payment Act, if an interest be directed to the U.S. Department of penalty is owed to a business concern, the Treasury, Financial Management the penalty shall be paid regardless of Service, Financial Accounting and DEPARTMENT OF THE TREASURY whether the business concern requested Services Division, Surety Bond Branch, payment of interest. 31 U.S.C. 3700 East-West Highway, Room 6F01, Fiscal Service 3902(c)(1). Agencies must pay the Hyattsville, MD 20782. interest penalty calculated with the Dated: June 17, 2010. Prompt Payment Interest Rate; interest rate, which is in effect at the William J. Erie, Contract Disputes Act time the agency accrues the obligation to pay a late payment interest penalty. Acting Director, Financial Accounting and AGENCY: Bureau of the Public Debt, Services Division. Fiscal Service, Treasury. 31 U.S.C. 3902(a). ‘‘The interest penalty [FR Doc. 2010–15613 Filed 6–29–10; 8:45 am] ACTION: Notice. shall be paid for the period beginning on the day after the required payment BILLING CODE M SUMMARY: For the period beginning July date and ending on the date on which 1, 2010, and ending on December 31, ’’ payment is made. 31 U.S.C. 3902(b). DEPARTMENT OF THE TREASURY 2010, the prompt payment interest rate Therefore, notice is given that the 1 is 3 ⁄8 per centum per annum. Secretary of the Treasury has Fiscal Service ADDRESSES: Comments or inquiries may determined that the rate of interest be mailed to Dorothy Dicks, Reporting applicable for the period beginning July Surety Companies Acceptable on Team Leader, Federal Borrowings 1, 2010, and ending on December 31, Federal Bonds—Change in State of Branch, Division of Accounting 2010, is 31⁄8 per centum per annum. Incorporation United States Fidelity Operations, Office of Public Debt and Guaranty Company Accounting, Bureau of the Public Debt, David Lebryk, Parkersburg, West Virginia 26106–1328. Acting Fiscal Assistant Secretary. AGENCY: Financial Management Service, A copy of this Notice is available at [FR Doc. 2010–16050 Filed 6–28–10; 4:15 pm] Fiscal Service, Department of the http://www.treasurydirect.gov. BILLING CODE 4810–39–P Treasury. DATES: Effective July 1, 2010, to ACTION: Notice. December 31, 2010. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF THE TREASURY SUMMARY: This is Supplement No. 18 to the Treasury Department Circular 570, Crystal Hanna, Manager, Federal Fiscal Service Borrowings Branch, Office of Public 2009 Revision, published July 1, 2009, at 74 FR 31536. Debt Accounting, Bureau of the Public Surety Companies Acceptable on Debt, Parkersburg, West Virginia 26106– Federal Bonds—Change in Business FOR FURTHER INFORMATION CONTACT: 1328, (304) 480–5103; Dorothy Dicks, Address and Redomestication; Safeco Surety Bond Branch at (202) 874–6850. Reporting Team Leader, Federal National Insurance Company SUPPLEMENTARY INFORMATION: Notice is Borrowings Branch, Division of hereby given that United States Fidelity Accounting Operations, Office of Public AGENCY: Financial Management Service, and Guaranty Company (NAIC# 25887) Debt Accounting, Bureau of the Public Fiscal Service, Treasury. has redomesticated from the state of Debt, Parkersburg, West Virginia, ACTION: Notice. Maryland to the state of Connecticut 26106–1328, (304) 480–5115; Paul effective December 15, 2009. Federal Wolfteich, Chief Counsel, Office of the SUMMARY: This is Supplement No. 14 to bond approving officials should Chief Counsel, Bureau of the Public the Treasury Department Circular 570, annotate their reference copies of the Debt, (202) 504–3705; or Brenda L. 2009 Revision, published July 1, 2009, Treasury Department Circular 570 Hoffman, Attorney-Advisor, Office of at 74 FR 31536. (‘‘Circular’’), 2009 Revision, to reflect the Chief Counsel, Bureau of the Public this change. Debt, (202) 504–3706. FOR FURTHER INFORMATION CONTACT: Surety Bond Branch at (202) 874–6850. The Circular may be viewed and SUPPLEMENTARY INFORMATION: An agency downloaded through the Internet at that has acquired property or service SUPPLEMENTARY INFORMATION: Notice is http://www.fms.treas.gov/c570. from a business concern and has failed hereby given by the Treasury that Safeco Questions concerning this notice may to pay for the complete delivery of National Insurance Company (NAIC# be directed to the U.S. Department of property or service by the required 24759) formally changed its ‘‘Business the Treasury, Financial Management payment date shall pay the business Address’’ to ‘‘62 Maple Avenue, Keene, Service, Financial Accounting and concern an interest penalty. 31 U.S.C. NH 03431’’ effective immediately. In Services Division, Surety Bond Branch, 3902(a). The Contract Disputes Act of addition, Safeco National Insurance 3700 East-West Highway, Room 6F01, 1978, Sec. 12, Public Law 95–563, 92 Company (NAIC# 24759) has Hyattsville, MD 20782. Stat. 2389, and the Prompt Payment Act redomesticated from the state of of 1982, 31 U.S.C. 3902(a), provide for Missouri to the state of New Hampshire Dated: June 17, 2010. the calculation of interest due on claims effective October 1, 2009. Federal bond- William J. Erie, at the rate established by the Secretary approving officers should annotate their Acting Director, Financial Accounting and of the Treasury. reference copies of the Treasury Circular Services Division. The Secretary of the Treasury has the 570 (‘‘Circular’’), 2009 Revision, to [FR Doc. 2010–15614 Filed 6–29–10; 8:45 am] authority to specify the rate by which reflect these changes. BILLING CODE 4810–35–M

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Part II

Department of Energy Federal Energy Regulatory Commission

18 CFR Part 35 Transmission Planning and Cost Allocation by Transmission Owning and Operating Public Utilities; Proposed Rule

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DEPARTMENT OF ENERGY remove from Commission-approved • Agency Web Site: http:// tariffs or agreements a right of first www.ferc.gov. Documents created Federal Energy Regulatory refusal created by those documents that electronically using word processing Commission provides an incumbent transmission software should be filed in native provider with an undue advantage over applications or print-to-PDF format and 18 CFR Part 35 a nonincumbent transmission not in a scanned format. [Docket No. RM10–23–000] developer. Neither incumbent nor • Mail/Hand Delivery: Commenters nonincumbent transmission facility unable to file comments electronically Transmission Planning and Cost developers should, as a result of a must mail or hand deliver an original Allocation by Transmission Owning Commission-approved tariff or and 14 copies of their comments to: and Operating Public Utilities agreement, receive different treatment in Federal Energy Regulatory Commission, a regional transmission planning Issued June 17, 2010. Office of the Secretary, 888 First Street, process. Further, both should share NE., Washington, DC 20426. AGENCY: Federal Energy Regulatory similar benefits and obligations Instructions: For detailed instructions Commission. commensurate with that participation, on submitting comments and additional ACTION: Notice of proposed rulemaking. including the right, consistent with information on the rulemaking process, State or local laws or regulations, to SUMMARY: The Federal Energy see the Comment Procedures Section of construct and own a facility that it Regulatory Commission is proposing to this document amend the transmission planning and sponsors in a regional transmission cost allocation requirements established planning process and that is selected for FOR FURTHER INFORMATION CONTACT: in Order No. 890 to ensure that inclusion in the regional transmission Russell Profozich, Federal Energy Commission-jurisdictional services are plan. With respect to cost allocation, the Regulatory Commission, Office of provided on a basis that is just, proposed rule would establish a closer Energy Policy and Innovation, 888 reasonable and not unduly link between transmission planning First Street, NE., Washington, DC discriminatory or preferential. With processes and cost allocation and would 20426, (202) 502–6478. respect to transmission planning, the require cost allocation methods for intraregional and interregional John Cohen, Federal Energy Regulatory proposed rule would provide that local Commission, Office of the General and regional transmission planning transmission facilities to satisfy newly established cost allocation principles. Counsel, 888 First Street, NE., processes account for transmission Washington, DC 20426, (202) 502– needs driven by public policy DATES: Comments are due August 30, 8705. requirements established by State or 2010. Federal laws or regulations; improve SUPPLEMENTARY INFORMATION: coordination between neighboring ADDRESSES: You may submit comments, Notice of Proposed Rulemaking transmission planning regions with identified by docket number by any of respect to interregional facilities; and the following methods: Table of Contents

Paragraph Nos.

I. Introduction ...... 1 II. Background ...... 6 A. Order Nos. 888 and 890 ...... 6 B. Technical Conferences and Notice of Request for Comments on Transmission Planning and Cost Allocation ...... 13 C. Additional Developments Since Issuance of Order No. 890 ...... 25 III. The Need for Reform ...... 32 IV. Proposed Reforms: Transmission Planning ...... 44 A. Participation in the Regional Planning Process ...... 45 B. Public Policy Driven Projects ...... 55 C. Opportunities for Undue Discrimination Against Nonincumbent Transmission Developers ...... 71 1. Nonincumbent Transmission Developer Participation in the Transmission Planning Process ...... 71 2. Proposed Reforms Regarding Nonincumbents ...... 87 D. Interregional Coordination ...... 102 1. The Need for Interregional Planning Reforms ...... 102 2. Proposed Interregional Planning Reforms ...... 114 V. Proposed Reforms: Cost Allocation ...... 121 A. Introduction ...... 121 1. Order No. 890’s Transmission Planning Principle on Cost Allocation for New Transmission Facilities ...... 121 2. October 2009 Notice and Subsequent Comments ...... 129 B. Legal Authority and Need for Reform ...... 138 1. The Cost Causation Principle ...... 139 2. Need for Reform ...... 148 C. Proposed Reforms ...... 155 1. Intraregional Cost Allocation ...... 164 2. Interregional Cost Allocation ...... 170 VI. Compliance Filings ...... 179 VII. Information Collection Statement ...... 182 VIII. Environmental Analysis ...... 186 IX. Regulatory Flexibility Act Analysis ...... 187 X. Comment Procedures ...... 188 XI. Document Availability ...... 192 Regulatory Text

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Paragraph Nos.

Appendix A: List of Short Names of Commenters on the Federal Energy Regulator Commission’s Notice of Request for Com- ments on Transmission Planning Processes Under Order No. 890—Docket No. AD09–8–000, October 2009 Appendix B: Pro Forma Open Access Transmission Tariff Attachment K

Notice of Proposed Rulemaking proposal as formulated will best achieve allocation methods must satisfy. The Issued June 17, 2010. the Commission’s goals. The Commission sees these proposals as Commission therefore seeks comment steps that would increase the likelihood I. Introduction on the reforms proposed herein and that facilities included in regional 1. In this Notice of Proposed encourages commenters to identify transmission plans are actually Rulemaking (Proposed Rule), the enhancements to the reforms that could constructed. For example, establishing a Federal Energy Regulatory Commission better support the efficient and effective closer link between transmission (Commission) is proposing to reform its development of transmission facilities. planning and cost allocation processes electric transmission planning and cost 4. With respect to transmission would diminish the likelihood that a allocation requirements for public planning, the reforms proposed in this transmission facility would be included utility transmission providers. The Proposed Rule would provide that: (1) in a regional transmission plan, only to proposed reforms are intended to Local and regional transmission later encounter cost allocation disputes correct deficiencies in transmission planning processes account for that inhibit construction of that facility. transmission needs driven by public planning and cost allocation processes II. Background so that the transmission grid can better policy requirements established by State support wholesale power markets and or Federal laws or regulations; (2) A. Order Nos. 888 and 890 coordination between neighboring thereby ensure that Commission- 6. In Order No. 888,2 issued in 1996, transmission planning regions is jurisdictional services are provided at the Commission found that it was in the improved with respect to facilities that rates, terms and conditions that are just economic interest of transmission are proposed to be located in both and reasonable and not unduly providers to deny transmission service discriminatory or preferential. regions, as well as interregional or to offer transmission service on a 2. This Proposed Rule builds on Order facilities that could address basis that is inferior to that which they No. 890,1 in which the Commission transmission needs more efficiently provide to themselves.3 Concluding that reformed the pro forma open access than separate intraregional facilities; unduly discriminatory and transmission tariff (OATT). Among and (3) a right of first refusal that is anticompetitive practices existed in the other changes, Order No. 890 required created by a document subject to the electric industry and that, absent each public utility transmission Commission’s jurisdiction and that Commission action, such practices provider to have a coordinated, open, provides an incumbent utility with an would increase as competitive pressures and transparent regional transmission undue advantage over nonincumbent in the industry grew, the Commission in planning process. Order No. 890 also transmission project developers is Order No. 888 and the accompanying established nine transmission planning removed from that document. Neither pro forma OATT implemented open principles, one of which addressed cost incumbent nor nonincumbent access to transmission facilities owned, allocation for new projects. transmission facility developers should, operated, or controlled by a public 3. The Commission acknowledges that as a result of a Commission-approved utility. significant work has been done in recent OATT or agreement, receive different 7. As part of those reforms, Order No. years to enhance regional transmission treatment in a regional transmission 888 and the pro forma OATT set forth planning processes. The reforms planning process. Further, both should certain minimum requirements for proposed herein seek to build on this share similar benefits and obligations transmission planning. For example, the progress by improving the effectiveness commensurate with that participation, pro forma OATT required a public of regional transmission planning and including the right, consistent with utility transmission provider to account the efficiency of resulting transmission State or local laws or regulations, to for the needs of its network customers development. In formulating this construct and own a facility that it in its transmission planning activities proposal, the Commission has sought to sponsors in a regional transmission on the same basis as it provides for its balance competing interests and identify planning process and that is selected for own needs.4 The pro forma OATT also a package of reforms that, if inclusion in the regional transmission required that new facilities be implemented, would support the plan. The Commission preliminarily constructed to meet the service requests development of transmission facilities finds that these proposed reforms are of long-term firm point-to-point identified by the region as necessary to needed to protect against unjust and satisfy reliability standards, reduce unreasonable rates, terms and 2 congestion, and enable compliance with conditions and undue discrimination in Promoting Wholesale Competition Through Open Access Non-Discriminatory Transmission public policy requirements established the provision of Commission- by State or Federal laws or regulations. Services by Public Utilities; Recovery of Stranded jurisdictional services. Costs by Public Utilities and Transmitting Utilities, The Commission recognizes that 5. With respect to transmission cost Order No. 888, FERC Stats. & Regs. ¶ 31,036 (1996), opinions may differ as to whether the order on reh’g, Order No. 888–A, FERC Stats. & allocation, the Commission is proposing Regs. ¶ 31,048, order on reh’g, Order No. 888–B, 81 to require public utility transmission 1 Preventing Undue Discrimination and FERC ¶ 61,248 (1997), order on reh’g, Order No. Preference in Transmission Service, Order No. 890, providers to establish a closer link 888–C, 82 FERC ¶ 61,046 (1998), aff’d in relevant FERC Stats. & Regs. ¶ 31,241, order on reh’g, Order between cost allocation and regional part sub nom. Transmission Access Policy Study No. 890–A, FERC Stats. & Regs. ¶ 31,261 (2007), transmission planning processes in Group v. FERC, 225 F.3d 667 (D.C. Cir. 2000), aff’d order on reh’g, Order No. 890–B, 123 FERC ¶ 61,299 sub nom. New York v. FERC, 535 U.S. 1 (2002). (2008), order on reh’g, Order No. 890–C, 126 FERC which the beneficiaries of new 3 Order No. 888, FERC Stats. & Regs. ¶ 31,036 at ¶ 61,228 (2009), order on clarification, Order No. transmission facilities are identified, as 31,682. 890–D, 129 FERC ¶ 61,126 (2009). well as to establish principles that cost 4 See Section 28.2 of the pro forma OATT.

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customers.5 While Order No. 888–A approved regional transmission 12. As a result of these compliance went on to encourage utilities to engage organizations (RTOs) and independent filings, RTOs and ISOs have enhanced in joint and regional transmission system operators (ISOs). The their regional transmission planning planning with other utilities and Commission also stated that it expected processes, making them more open, customers, it did not require those all non-public utility transmission transparent, and inclusive. Regions of actions.6 providers to participate in the planning the country outside of RTO and ISO 8. In early 2007, the Commission processes required by Order No. 890. regions have also made significant issued Order No. 890 to remedy flaws in The Commission noted that reciprocity strides with respect to transmission the pro forma OATT that the dictates that non-public utility planning by working together to Commission identified based on the transmission providers that take enhance existing, or create new, decade of experience since the issuance advantage of open access due to regional transmission planning of Order No. 888. Among other things, improved planning should be subject to processes.11 These improvements to the Commission found that pro forma the same requirements as jurisdictional transmission planning processes have OATT obligations related to transmission providers.8 The given customers and other stakeholders transmission planning were insufficient Commission stated that a coordinated, the opportunity to participate in the to eliminate opportunities for undue open, and transparent regional planning identification of regional needs and discrimination in the provision of process cannot succeed unless all corresponding solutions, thereby transmission service. The Commission transmission owners participate. facilitating the development of more stated that particularly in an era of However, the Commission did not efficient and effective transmission increasing transmission congestion and invoke its authority under FPA section expansion plans. the need for significant new 211A, which allows the Commission to transmission investment, it could not B. Technical Conferences and Notice of require an unregulated transmitting rely on the self-interest of transmission Request for Comments on Transmission utility (i.e., a non-public utility providers to expand the grid in a not Planning and Cost Allocation transmission provider) to provide unduly discriminatory manner. Among 13. In several of the above-noted transmission services on a comparable other shortcomings in the pro forma orders issued in 2008 and early 2009 on and not unduly discriminatory or OATT, the Commission pointed to the filings submitted to comply with the preferential basis.9 The Commission lack of clear criteria regarding the Order No. 890 transmission planning instead stated that if it found on the transmission provider’s planning requirements, the Commission stated appropriate record that non-public obligation; the absence of a requirement that it would continue to monitor utility transmission providers are not that the overall transmission planning implementation of these transmission process be open to customers, participating in the planning processes planning processes. The Commission competitors, and State commissions; required by Order No. 890, then the also announced its intention to convene and the absence of a requirement that Commission may exercise its authority regional technical conferences in 2009. key assumptions and data underlying under FPA section 211A on a case-by- 14. Consistent with the Commission’s transmission plans be made available to case basis. announcement, Commission staff in customers. 11. On December 7, 2007, pursuant to September 2009 convened three 9. In light of these findings, one of the Order No. 890, most public utility regional technical conferences in primary goals of the reforms undertaken transmission providers and several non- Philadelphia, Atlanta, and Phoenix, in Order No. 890 was to address the lack public utility transmission providers respectively. The focus of the technical of specificity regarding how customers submitted compliance filings that conferences was to: (1) Determine the and other stakeholders should be treated describe their proposed transmission progress and benefits realized by each in the transmission planning process. planning processes.10 The Commission transmission provider’s transmission To remedy the potential for undue addressed these filings in a series of planning process, obtain customer and discrimination in transmission planning orders that were issued throughout other stakeholder input, and discuss any activities, the Commission required 2008. Generally, the Commission areas that may need improvement; (2) each public utility transmission accepted the compliance filings to be examine whether existing transmission provider to develop a transmission effective December 7, 2007, subject to planning processes adequately consider planning process that satisfies nine further compliance filings as necessary needs and solutions on a regional or principles and to clearly describe that for the proposed transmission planning interconnection-wide basis to ensure process in a new attachment to its processes to satisfy the nine adequate and reliable supplies at just OATT (Attachment K). The Order No. transmission planning principles. The and reasonable rates; and (3) explore 890 transmission planning principles Commission issued additional orders on whether existing processes are sufficient are: (1) Coordination; (2) openness; (3) Order No. 890 transmission planning to meet emerging challenges to the transparency; (4) information exchange; compliance filings in the spring and transmission system, such as the (5) comparability; (6) dispute resolution; summer of 2009. development of interregional (7) regional participation; (8) economic transmission facilities and the planning studies; and (9) cost allocation 8 Id. P 441. integration of large amounts of location- 7 for new projects. 9 FPA section 211A(b) provides, in pertinent part, constrained generation. Issues discussed 10. The transmission planning that ‘‘the Commission may, by rule or order, require reforms adopted in Order No. 890 apply an unregulated transmitting utility to provide 11 The regional transmission planning processes to all public utility transmission transmission services—(1) at rates that are that public utility transmission providers in regions providers, including Commission- comparable to those that the unregulated outside of RTOs and ISOs have relied on to comply transmitting utility charges itself; and (2) on terms with certain requirements of Order No. 890 are the and conditions (not relating to rates) that are North Carolina Transmission Planning 5 See Sections 13.5, 15.4, & 27 of the pro forma comparable to those under which the unregulated Collaborative, Southeast Inter-Regional OATT. transmitting utility provides transmission services Participation Process, SERC Reliability Corporation, 6 Order No. 888–A, FERC Stats. & Regs. ¶ 31,048 to itself and that are not unduly discriminatory or ReliabilityFirst Corporation, Mid-Continent Area at 30,311. preferential.’’ 16 U.S.C. 824j (2006). Power Pool, Florida Reliability Coordination 7 Order No. 890, FERC Stats. & Regs. ¶ 31,241 at 10 A small number of transmission providers were Council, WestConnect, ColumbiaGrid, and Northern P 418–601. granted extensions. Tier Transmission Group.

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at the technical conferences included transmission planning at this time.16 a regional transmission plan and meets the effectiveness of the current These commenters offer a wide range of certain other criteria.22 These transmission planning processes, the views on why and how the planning commenters argue that such practices development of regional and process should be improved. Although discourage other, merchant and interregional transmission plans, and these commenters express diverse independent transmission developers’ 23 the effectiveness of existing cost views, there appears to be a consensus participation in the transmission allocation methods used by among those supporting action that the planning process and present a transmission providers and alternatives Commission should—at a minimum— significant barrier to transmission to those methods. provide guidance about planning for investment. Other commenters state that 15. Following these technical large, interregional transmission projects proposed by merchant and conferences, the Commission in October projects. independent transmission project 2009 issued a Notice of Request for 19. Many commenters that support developers need to be included fully in Comments.12 The October 2009 Notice Commission action on transmission regional transmission planning presented numerous questions with planning raise issues related to the processes on the same basis as other respect to enhancing regional procedural characteristics or geographic projects.24 transmission planning processes and scope of existing transmission planning 21. Still other commenters that allocating the cost of transmission. processes. Some commenters contend support Commission action on 16. In response to the October 2009 that the Order No. 890 transmission transmission planning express concern Notice, the Commission received 107 planning principles should be extended that current transmission planning initial comments and 45 reply to support interregional coordination, processes do not adequately assess all of comments.13 Many of these comments while others argue that additional the potential benefits associated with are discussed in greater detail later in planning principles are necessary to transmission project proposals.25 Some this Proposed Rule, in the context of the ensure the effectiveness of transmission of these commenters state that more Commission’s proposals on specific planning processes. Some commenters attention needs to be devoted to issues. suggest that the type of ‘‘bottom-up’’ analyzing the benefits associated with 17. In general, some commenters transmission planning described above economic-based projects and oppose additional Commission action at is insufficient,17 and other commenters incorporating such projects into regional this time with respect to transmission advocate changes such as establishing a transmission plans.26 PJM states that planning. Among these commenters, regional or interconnection-wide generic planning principles are needed some argue that existing transmission planning coordinator.18 A few to deal with the various social, planning processes are adequate to commenters suggest that the environmental and economic impacts of achieve the Commission’s stated Commission add to the OATT a pro regional transmission projects. In goals.14 Some of these commenters forma seams agreement that includes addition, several commenters highlight work already underway in joint collaborative planning and cost recommend that the Commission their own transmission planning allocation across planning regions.19 incorporate State and Federal public regions, arguing that no Commission Still other commenters support changes policy objectives into the transmission action is needed at least in those to transmission planning processes, but planning process,27 noting, for example, regions. Other commenters argue that caution against adopting a one-size-fits- that doing so could facilitate cost- existing processes are new or are being all or an interconnectionwide effective achievement of those revised and should be given time to approach.20 objectives. Commenters also mature before additional changes are 20. Other commenters that support proposed. Many of these commenters Commission action on transmission 22 E.g., AWEA, EPSA, LS Power, and state that if the Commission chooses to planning argue that some existing Transmission Dependent Utility Systems. act, it should do so in a manner that 23 Merchant transmission projects are defined as transmission planning processes those for which the costs of constructing the does not disrupt existing transmission provide an incumbent transmission proposed transmission facilities will be recovered planning processes. Some commenters owner with an unfair advantage over through negotiated rates instead of cost-based rates. that oppose Commission action on merchant and independent transmission For purposes of this proposed rulemaking, an transmission planning at this time state incumbent transmission developer is an entity that project developers, such as by providing develops a project within its own service territory. that it is important to maintain what an incumbent transmission owner with We note that a transmission owner that proposes a they describe as a ‘‘bottom-up’’ approach a right of first refusal 21 to construct a project outside of its own service territory is not to transmission planning, in which transmission facility that is included in considered an incumbent for purposes of that regional transmission planning is based project. 24 E.g., Allegheny Companies, AEP, CAlifornians on transmission planning conducted by 16 E.g., American Transmission, CAlifornians for for Renewable Energy, Delaware Municipal and the individual transmission-owning Renewable Energy, Dayton Power and Light, E.ON, Southwestern Electric, E.ON Climate & Renewables utilities in a transmission planning LS Power, NRG, Pioneer Transmission, San Diego North America, Great River Energy, Sun Flower and region.15 Gas & Electric, and Transmission Access Policy Mid-Kansas, National Nuclear Security 18. Many other commenters support Study Group. Administration Service Center, Organization of 17 E.g., Calvin Daniels (commenting as an MISO States, and Transmission Agency of Northern additional Commission action on individual). California. 18 E.g., AEP. 25 E.g., AEP, AWEA, Baltimore Gas and Electric, 12 Federal Energy Regulatory Commission, 19 E.g., Midwest ISO Transmission Owners, Energy Future Coalition, Exelon, Green Energy Transmission Planning Processes Under Order No. National Rural Electric Coops, and SPP. Express, ITC Holdings, MidAmerican, National 890; Notice of Request for Comments; Docket No. 20 E.g., Pacific Gas and Electric and Transmission Audubon Society, et al., NextEra, and Public AD09–8–000, October 8, 2009 (October 2009 Agency of Northern California. Interest Organizations & Renewable Energy Groups. Notice). 21 A right of first refusal is defined, for the 26 E.g., MidAmerican and Old Dominion. 13 See Appendix A for a list of the commenters purposes of this proposed rulemaking, as the right 27 E.g., AWEA, Baltimore Gas and Electric, and their abbreviated names. of an incumbent transmission owner to construct, Exelon, Eastern PJM Governors, The Brattle Group, 14 E.g., Dominion, Large Public Power Council, own, and propose cost recovery for any new ITC Holdings, LS Power, National Audubon Midwest ISO, New York PSC, Northern Tier transmission project that is: (1) Located within its Society, et al., National Grid, NextEra, Old Transmission Group, and WECC. service territory; and (2) approved for inclusion in Dominion, PJM, Public Interest Organizations & 15 E.g., Ohio Commission, PPL, Southern a transmission plan developed through the Order Renewable Energy Groups, Renewable Energy Companies, and WECC. No. 890 planning process. Systems Americas, and Trans-Elect.

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recommend that the Commission planning have occurred amid the above- concludes that ‘‘[s]ignificant expansion provide for flexibility so that each noted Order No. 890 compliance efforts of the transmission grid will be required transmission planning region could on transmission planning and as the under any future electric industry determine which resources it would use Commission gathered information scenario. Expanded transmission will to fulfill these public policy through the technical conferences and increase reliability, reduce costly objectives.28 the October 2009 Notice discussed congestion and line losses, and supply 22. The Commission’s questions in above. access to low-cost remote resources, the October 2009 Notice with respect to 26. For example, in February 2009, including renewables.’’ 37 allocating the cost of transmission also Congress enacted the American 29. Similarly, in its 2009 report, drew wide-ranging responses. For Recovery and Reinvestment Act Keeping the Lights On in a New World, example, some commenters express (ARRA), which provided $80 million for the DOE Electricity Advisory Committee concern that the lack of a link between the U.S. Department of Energy (DOE), in concluded that expanding and transmission planning and cost coordination with the Commission, to strengthening the nation’s transmission allocation procedures may support the development of infrastructure is becoming increasingly unnecessarily block or delay needed interconnection-based transmission important for two reasons: ‘‘First, projects.29 Other commenters support plans for the Eastern, Western, and increasing transmission capability will establishing a generic cost allocation Texas interconnections. In seeking help ensure a reliable electric supply method as a backstop that would apply applications for use of those funds, DOE and provide greater access to when parties or transmission planning described the initiative as intended to: economically priced power. Second, the regions cannot agree on a cost allocation (1) Improve coordination between growth in renewable energy method.30 electric industry participants and states development, stimulated in part by 23. Some commenters indicate that on the regional, interregional, and State-adopted renewable portfolio the Commission should provide more interconnection-wide levels with regard standards (RPS) and the possibility of a detailed guidelines or principles for to long-term electricity policy and national RPS, will require significant allocating the costs of new transmission planning; (2) provide better quality new transmission to bring these 31 facilities. These commenters generally information for industry planners and resources, which are often remotely agree that those who share in the State and Federal policymakers and located, to consumer load centers.’’ 38 benefits of transmission facilities should regulators, including a portfolio of 30. The number of states that have be responsible for their costs. However, potential future supply scenarios and adopted renewable portfolio standard there is not a consensus on how this their corresponding transmission measures, as well as the target levels set principle should be implemented, what requirements; (3) increase awareness of in those measures, has continued to benefits should be considered for required long-term transmission increase. Some 30 states and the District purposes of cost allocation, or how to investments under various scenarios, of Columbia have now adopted determine who is a beneficiary. which may encourage parties to resolve renewable portfolio standard measures. 24. Some commenters urge the These measures typically require that a Commission to avoid rushing to a one- cost allocation and siting issues; and (4) certain percentage of energy sales size-fits-all approach to determining facilitate and accelerate development of (MWh) or installed capacity (MW) come beneficiaries of transmission projects, renewable or other low-carbon 35 from renewable energy resources, with due to the varying nature of projects and generation resources. the target level and qualifying resources benefits.32 Others express the view that 27. In December 2009, DOE varying among the renewable portfolio it is difficult to quantify certain benefits announced award selections for much of standard measures. that they consider relevant, such as this ARRA funding. In each 31. In its role as the Commission- carbon emission reduction, integration interconnection, applicants awarded designated Electric Reliability of renewable generation, or the most funds under what DOE defined as Topic Organization, the North American efficient use of existing rights-of-way.33 A are responsible for conducting Electric Reliability Corporation (NERC) Other commenters suggest that there are interconnection-level analysis and concluded that significant transmission ways to factor difficult to quantify transmission planning. Applicants expansion will be needed to comply benefits into the planning process such awarded funds under Topic B are to with renewable mandates. Even in the that they are adequately considered.34 facilitate greater cooperation among states and stakeholders within each absence of a national renewable C. Additional Developments Since interconnection to guide the analyses portfolio standard, NERC has stated that Issuance of Order No. 890 and planning performed under Topic ‘‘an analysis of the past 14 years shows 25. Other developments with A.36 Broad participation in sessions to that the siting and construction of important implications for transmission date related to this initiative suggest that transmission lines will need to the availability of Federal funds to significantly accelerate to maintain 39 28 E.g., Consolidated Edison, et al. pursue these goals has increased reliability over the coming years.’’ In 29 E.g., ITC Holdings, AEP, American awareness of the potential for greater Transmission, Green Energy Express, and WIRES. coordination among regions in 37 Department of Energy, 20% Wind Energy by 30 E.g., American Transmission; National Grid; transmission planning. 2030, at 93 (July 2008). and NEPOOL Participants. 38 Electricity Advisory Committee, Keeping the 31 E.g., APPA, Green Energy Express, ITC 28. DOE has also been involved in the Lights On in a New World, at 45 (Jan. 2009). The Holdings, NEPOOL Participants, NextEra, Ohio development of several recent reports Electricity Advisory Committee was formed to Commission, Solar Energy Industries, and that may have implications for provide advice to DOE in implementing the Energy Transmission Access Policy Study Group. transmission planning. In its 2008 Policy Act of 2005 and the Energy Independence 32 E.g., APPA, Bonneville, California ISO, and Security Act of 2007, and in modernizing the ColumbiaGrid, Consolidated Edison, et al., Dayton report, 20% Wind Energy by 2030, DOE nation’s electricity delivery infrastructure. The Power and Light, EEI, Entergy, Midwest ISO, Electricity Advisory Committee includes Southern Companies. 35 Department of Energy, Recovery Act—Resource representatives from industry, academia, and state 33 E.g., California ISO, Electricity Consumers Assessment and Interconnection-Level government. Resource Council, MidAmerican, National Grid. Transmission Analysis and Planning Funding 39 North American Electric Reliability 34 E.g., AWEA, Energy Future Coalition, Entergy, Opportunity Announcement, at 5–6 (June 15, 2009). Corporation, 2009 Long-Term Reliability Exelon, ITC Holdings, Integrys, et al. 36 Id. at 4–8. Assessment: 2009–2018, October 2009, at 29.

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its 2009 assessment of transmission so that the transmission grid can better zone and thereby affect transmission needs, NERC found that if a national support wholesale power markets and planning determinations. In addition, renewable portfolio standard of 15 thereby ensure that Commission- states may adopt economic development percent were adopted, an additional jurisdictional services are provided at policies associated with meeting energy 40,000 miles of transmission lines rates, terms and conditions that are just needs that may be relevant to would be needed and ‘‘transmission and reasonable and not unduly assumptions made in a transmission would be a key component to discriminatory or preferential. planning process. Future public policy accommodating new resources, linking 34. The siting, permitting, and cost requirements established by Federal geographically remote generation to allocation of transmission facilities face laws or regulations also could have a demand centers.’’ 40 significant challenges. These challenges significant effect on transmission may be present whether an interstate planning. III. The Need for Reform transmission project is proposed to be 37. However, existing transmission 32. The Commission notes that located within a single region for which planning processes generally were not transmission planning processes, transmission planning is conducted in designed to account for, and do not particularly at the regional level, have accordance with Order No. 890 (i.e., an explicitly consider, these types of public seen substantial improvement through intraregional transmission facility) or is policy requirements established by State compliance with Order No. 890. As instead proposed to be located in more or Federal laws or regulations. Indeed, noted above, these improvements have than one such transmission planning some comments submitted in response increased opportunities for customers region (i.e., an interregional to the October 2009 Notice indicate that and other stakeholders to participate in transmission facility). The failure to current transmission planning processes the identification of regional needs and address these challenges also can lead to may not permit consideration of public corresponding solutions, facilitating the increases in congestion costs. For policy requirements within regional development of more efficient and example, PJM stated recently that prices transmission plans.43 As discussed in effective transmission plans. The for new generating capacity in the greater detail below, the Commission Commission believes that the expanded eastern part of its transmission planning preliminarily finds that the failure to cooperation and collaboration that is region have increased due to constraints account explicitly for such public policy now occurring in transmission planning on its transmission system. Observing requirements in the transmission both among transmission providers and that capacity prices in the western planning process may result in undue between transmission providers and portion of PJM were $27.73 per discrimination and rates, terms, and their stakeholders is to be commended. megawatt-day, while capacity prices in conditions of service that are not just 33. Although Order No. 890 became the transmission-constrained areas of and reasonable. effective just a few years ago, there have PJM were between $226.15 and $247.14 38. A third deficiency involves been significant changes in the nation’s per megawatt-day, PJM noted that ‘‘the obstacles to nonincumbent transmission electric power industry in those few great difference in prices for the eastern project developers’ participation in years that require the Commission to portion of PJM compared with regional transmission planning consider additional reforms to elsewhere shows the need for increased processes. The Commission in recent transmission planning and cost transmission line capacity into the years has seen increasing interest in allocation to reflect these new region. Transmission line additions and transmission investment among these circumstances. These changes have been upgrades would reduce capacity price developers. Such interest, however, widely recognized within the differences.’’ 42 often has been coupled with expressions industry.41 Our intention in this 35. In light of the comments and of concern about the treatment of Proposed Rule is not to disrupt the developments discussed above, one merchant and independent transmission progress that is already being made with deficiency that has arisen is the lack of project developers in relevant 44 respect to transmission planning and a requirement for a regional transmission planning processes. investment in transmission transmission plan, without which the Many commenters raised similar infrastructure, but rather to address construction of new transmission concerns in response to the October remaining deficiencies in transmission facilities could be inhibited. 2009 Notice, describing what they see as planning and cost allocation processes Additionally, in the absence of such a remaining opportunities for undue requirement, the facilities best suited to discrimination against nonincumbent 40 North American Electric Reliability meet the needs of a particular region transmission project developers in Corporation, 2009 Scenario Reliability Assessment: may not be identified. transmission planning processes. Such 2009–2018, October 2009, at 9. 36. Another deficiency that has arisen undue discrimination could discourage 41 For example, a trend of increased investment since the issuance of Order No. 890 these developers from presenting in the country’s transmission infrastructure has involves transmission needs driven by emerged in recent years. EEI attributes that trend to, projects in regional transmission among other factors, recognition of the reliability public policy requirements established planning processes, which, in turn, and other developments discussed above, as well as by State or Federal laws or regulations. could inhibit development of beneficial enactment of the Energy Policy Act of 2005 and the For example, State policies to promote transmission facilities. Commission’s implementation of its new increased reliance on renewable energy 39. A fourth deficiency involves the transmission pricing policies. EEI has also observed that even amid this trend of increased investment resources, such as the renewable relative lack of coordination between in transmission infrastructure, transmission projects portfolio standard measures discussed transmission planning regions. In Order that would be located in more than one state ‘‘face above, accentuate the need for No. 890, the Commission found that significant challenges for siting, permitting, cost transmission to deliver electricity from when transmission providers engage in allocation and cost recovery.’’ Transmission Projects: At a Glance, Prepared by Edison Electric location-constrained renewable energy Institute with assistance from Navigant Consulting, resources to load centers. Other State 43 E.g., Baltimore Gas and Electric, Eastern PJM Inc., February 2010, at iii–iv. EEI has also stated policies, such as goals for use of energy Governors, ITC Holdings, LS Power, National Grid, that ‘‘[t]hese challenges must be resolved to efficiency or demand response, may Old Dominion, PJM, and Trans-Elect. facilitate the movement of large quantities of 44 See, e.g., Green Energy Express LLC, 129 FERC renewable energy.’’ Transmission Projects lower load forecasts within a given load ¶ 61,165 (2009); Western Grid Dev., LLC, 130 FERC Supporting Renewable Resources, Prepared by ¶ 61,056 (2010); Pioneer Transmission LLC, 126 Edison Electric Institute, February 2009, at iv. 42 PJM Interchange, News Release, May 14, 2010. FERC ¶ 61,281 (2009).

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regional transmission planning, they the hopes that other beneficiaries will planning processes. We therefore do not may identify solutions to regional needs value the project enough to fund its believe it is necessary at this time to that are more efficient than those that development. invoke our authority under FPA section would have been identified if needs and 41. Moreover, as stated in the October 211A, which allows us to require non- potential solutions were evaluated only 2009 Notice, constructing new public utility transmission providers to independently by each individual transmission facilities requires a provide transmission services on a transmission provider.45 Similarly, in significant amount of capital. Therefore, comparable and not unduly the absence of coordination between a threshold consideration for any discriminatory or preferential basis. transmission planning regions, company considering investing in However, if the Commission finds on transmission providers may not identify transmission is whether it will have a the appropriate record that non-public more efficient and cost-effective reasonable opportunity to recover its utility transmission providers are not solutions to the individual needs costs. However, there are few rate participating in the regional identified in their respective utility- structures in place today that provide transmission planning and cost level and regional transmission for the allocation and recovery of costs allocation processes proposed in this planning processes, potentially for projects that are proposed to be Proposed Rule, the Commission may including interregional transmission located either within a transmission exercise its authority under FPA section projects. In the few years since the planning region that is outside of an 211A on a case-by-case basis. issuance of Order No. 890, interest in RTO or ISO, or in more than one transmission planning region. The lack IV. Proposed Reforms: Transmission multiregional facilities has grown Planning significantly.46 The October 2009 Notice of such rate structures creates observed that the lack of coordinated significant risk for transmission project 44. Transmission planning is a critical planning over the seams of current developers that they will have no component of the provision of transmission planning regions could be identified group of customers from transmission service in interstate needlessly increasing costs for which to recover the cost of their commerce. Among other purposes, customers of individual transmission investment. transmission planning is the means by providers. Accordingly, the Order No. 42. Therefore, the Commission which the transmission needs of a given 890 transmission planning requirements proposes to reform transmission area and the facilities that are best may not be just and reasonable in that planning and cost allocation processes suited to meet those needs are they may not be sufficient to address the as described in the following sections of identified. Based on the comments need for greater coordination in this Proposed Rule. Although focused received in response to the October interregional transmission planning. on discrete aspects of the transmission 2009 Notice and the other developments planning and cost allocation processes, 40. Finally, we preliminarily and considerations discussed above, the these reforms are integrally related and conclude that existing methods for Commission believes that further steps should be understood as a package. allocating the costs of new transmission with respect to transmission planning With these related reforms, more may not be just and reasonable because may be necessary to protect against transmission projects would be they may inhibit the development of unjust and unreasonable rates, terms considered in the transmission planning efficient, cost-effective transmission and conditions and undue process on an equitable basis, and more facilities necessary to produce just and discrimination in the provision of facilities that are included in reasonable rates. While challenges Commission-jurisdictional services. transmission plans are likely to move associated with allocating the cost of forward to construction. A. Participation in the Regional transmission are not new, those 43. The Commission recognizes that Planning Process challenges appear to have become more many of the existing regional 45. In Order No. 890, the Commission acute as the need for transmission transmission planning processes are adopted a regional participation infrastructure has grown. For example, comprised of both public utility and principle as a necessary component of a the expansion of regional power markets non-public utility transmission public utility transmission provider’s and the increasing adoption of State providers. Consistent with the approach transmission planning process. To meet policies to promote increased reliance taken in Order No. 890,47 the that principle, the Commission required on renewable energy resources have led Commission expects all public utility that each public utility transmission to a growing need for regional or and non-public utility transmission provider coordinate with interconnected interregional transmission facilities. providers to participate in the regional systems to: (1) Share system plans to Meanwhile, determining the benefits of transmission planning and cost ensure that the plans are simultaneously adding transmission infrastructure to allocation processes proposed by this feasible and otherwise use consistent the grid is a complex process, Proposed Rule. Reciprocity dictates that assumptions and data; and (2) identify particularly for projects that affect non-public utility transmission system enhancements that could relieve multiple utilities’ transmission systems providers that take advantage of open congestion or integrate new resources.48 and therefore may have multiple access, including improved regional beneficiaries. In such circumstances, This requirement for coordination at the transmission planning and cost any individual beneficiary of a project regional level can be contrasted with the allocation, should be subject to the same has an incentive to defer investment in separate requirement in Order No. 890 requirements as public utility that each public utility transmission transmission providers. We are 45 ‘‘The coordination of planning on a regional provider use an open and transparent basis will also increase efficiency through the encouraged, based on the efforts that process to develop a transmission plan coordination of transmission upgrades that have followed Order No. 890, that both for its own control area.49 In other region-wide benefits, as opposed to pursuing public utility and non-public utility words, by adopting the regional transmission expansion on a piecemeal basis.’’ transmission providers collaborate in a Order No. 890, FERC Stats. & Regs. ¶ 31,241 at participation principle, the Commission P 524. number of regional transmission 46 See, e.g., Pioneer Transmission LLC, 126 FERC 48 Order No. 890, FERC Stats. & Regs. ¶ 31,241 at ¶ 61,281 (2009); Green Power Express, 127 FERC 47 Order No. 890, FERC Stats. & Regs. ¶ 31,241 at P 523. ¶ 61,031 (2009). P 441. 49 Id. P 494, 523.

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did not require development of a regional participation principle may not transmission provider engages in local comprehensive regional transmission be sufficient, in and of itself, to ensure transmission planning, it considers and plan. an open, transparent, inclusive, and evaluates transmission facilities and 46. The Commission explained that in comprehensive regional transmission non-transmission solutions that are complying with the regional planning process. Without such a proposed and then develops a local participation principle, the specific process, each transmission provider will transmission plan that identifies what features of a public utility transmission not have information needed to assess transmission facilities are needed to provider’s regional transmission proposed projects and determine which meet the needs of its native load (if any), planning process should take account of project or group of projects could satisfy transmission customers, and other and accommodate, where appropriate, local and regional needs more stakeholders. Likewise, the regional existing institutions, as well as efficiently and cost-effectively. As a transmission planning process would historical practices and the physical result, the rates, terms and conditions of consider and evaluate transmission characteristics of the region.50 The transmission services may not be just facilities and non-transmission Commission recognized that regional and reasonable. For example, greater solutions that are proposed and develop transmission planning already occurs, regional coordination in transmission a regional transmission plan that for example, as part of the NERC planning would expand opportunities identifies what transmission facilities Regional Entity planning process.51 The for transmission providers, their are needed to meet the needs of Commission urged public utility transmission customers, and other transmission customers and other transmission providers to closely stakeholders to identify and implement stakeholders in the region.59 examine whether improvements in regional solutions to local and regional 52. In addition, because of the these regional transmission planning needs that are more cost-effective than increased importance of regional processes could be implemented to those proposed in the transmission transmission planning that is designed satisfy the requirements of Order No. planning process of individual to produce a regional transmission plan, 890 imposed on individual transmission transmission providers. In addition, transmission customers and other providers.52 more effective regional transmission stakeholders must be provided with an 47. The Commission also stated that planning could better facilitate the opportunity to participate meaningfully to satisfy the regional participation integration of location-constrained in that process. Therefore, we propose principle, an existing transmission renewable energy resources, which may to apply the above-noted Order No. 890 planning process must be open and be needed to fulfill public policy transmission planning principles to the inclusive and address both reliability regional transmission planning process, 53 requirements such as the renewable and economic considerations. The portfolio standards adopted by many which would ensure that transmission Commission required each public utility states. customers and other stakeholders can transmission provider to participate in a 50. Given this concern, we propose to express their needs before a regional transmission planning process that require that each public utility transmission plan is finalized and thus facilitates regional participation and transmission provider participate in a help to identify solutions that more that is open to all interested customers regional transmission planning process efficiently address the region’s needs. 54 and stakeholders. However, the that produces a regional transmission Similarly, ensuring access to the models Commission did not require each plan and that meets the following and data used in the regional regional transmission planning process transmission planning principles transmission planning process would to comply with each of the nine established in Order No. 890: (1) allow transmission customers and other transmission planning principles stakeholders to determine if their needs 55 Coordination; (2) openness; (3) established in Order No. 890. transparency; (4) information exchange; are being addressed in a cost-effective 48. On compliance with these Order (5) comparability; (6) dispute resolution; manner. Greater access to information No. 890 requirements, many public and (7) economic planning studies.57 and transparency would also help utility transmission providers relied on 51. More specifically, we propose to transmission customers and other existing regional entities and require that each regional transmission stakeholders to recognize and transmission planning processes, planning process consider and evaluate understand the benefits that they will modified as necessary, to comply with transmission facilities and other non- receive from a transmission facility that the regional participation principle.56 transmission solutions that may be is included in a regional transmission 49. Since the issuance of Order No. proposed and develop a regional plan. This consideration is particularly 890, it has become apparent to the transmission plan that identifies the important in light of our proposal below Commission that Order No. 890’s transmission facilities that cost- to require that each public utility effectively meet the needs of transmission provider have a cost 50 Id. P 524. allocation method for transmission 51 Id. P 528. transmission providers, their 52 transmission customers, and other Id. P 526. Commission also has recognized that in appropriate 53 58 Id. P 528. stakeholders. When an individual circumstances alternative technologies may be 54 Order No. 890–A, FERC Stats. & Regs. ¶ 31,261 eligible for treatment as transmission for ratemaking at P 226. 57 This proposal does not include the regional purposes. Western Grid, 130 FERC ¶ 61,056 (2010). 55 See, e.g., Entergy Services, Inc., 124 FERC participation principle and cost allocation for new 59 As noted in Order No. 890, the planning ¶ 61,268, at P 104 (2008). projects principle of Order No. 890 because we obligations proposed here do not address or dictate 56 As we note above, the regional transmission address interregional coordination in transmission which investments identified in a transmission plan planning processes that public utility transmission planning and cost allocation for transmission should be undertaken by transmission providers. providers in regions outside of RTOs and ISOs have facilities included in a regional transmission plan Order No. 890, FERC Stats. & Regs. ¶ 31,241 at P relied on to comply with certain requirements of elsewhere in this Proposed Rule. 438. As also noted in Order No. 890, the ultimate Order No. 890 are North Carolina Transmission 58 When evaluating potential solutions to responsibility for transmission planning remains Planning Collaborative, Southeast Inter-Regional identified needs, transmission providers must with transmission providers. With that said, the Participation Process, SERC Reliability Corporation, evaluate proposals for transmission, generation, and Commission fully intends that the transmission ReliabilityFirst Corporation, Mid-Continent Area demand resources against one another based on planning processes provide for the timely and Power Pool, Florida Reliability Coordination criteria set forth in their tariffs. See Order No. 890, meaningful input and participation of customers Council, WestConnect, ColumbiaGrid, and Northern FERC Stats. & Regs. ¶ 31,241 at P 494–95; Order No. into the development of transmission plans. Id. P Tier Transmission Group. 890–A, FERC Stats. & Regs. ¶ 31,261 at P 216. The 454.

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facilities included in its regional planning process. As defined in Order evaluations and assessments of a transmission plan that reflects the No. 890, these high priority studies are project’s ability to meet public policy benefits that those facilities provide. intended to identify solutions that could goals could be aligned to better identify 53. Although the explicit requirement relieve transmission congestion or options that meet all of these regional for a public utility transmission integrate new resources and loads, needs.67 provider to participate in a regional including upgrades to integrate new 60. The Commission received a transmission planning process that resources or loads on an aggregated or number of comments on these issues, complies with the Order No. 890 regional basis.64 expressing a range of opinions. Several transmission planning principles 58. In Order No. 890, the Commission commenters argue that the existing identified above would be new, we note also required each public utility transmission planning and stakeholder that the existing regional transmission transmission provider to coordinate its processes properly align reliability planning processes that many utilities transmission planning activities with impact studies with evaluations of other relied upon to comply with the the relevant State and local regulatory projects designed to meet economic- requirements of Order No. 890 may authorities that choose to participate in based or public policy requirements.68 require only modest changes to fully the transmission planning process and Other commenters suggest that it would comply with these requirements. stated its expectation that ‘‘all be inappropriate for the Commission to 54. We seek comment on any issue of transmission providers will respect require that renewable energy standards interest or concern related to the states’ concerns.’’ 65 As such, State and be incorporated into the transmission requirements proposed in this section of local regulatory authorities may fully planning process.69 For example, Public the Proposed Rule. participate in the existing Order No. 890 Power Council contends that the transmission planning process and Commission lacks jurisdiction to require B. Public Policy Driven Projects identify, among other issues, public that the resources necessary to comply 55. In Order No. 890, the Commission policy requirements established by State with State renewable energy standards included an Economic Planning Studies or Federal laws or regulations that they are accounted for in the transmission principle among the nine transmission see as relevant to transmission needs. planning process, as such standards are planning principles. The Commission However, when choosing whether to State-level policies.70 stated that its primary objective in include a proposed transmission project 61. In addition, several commenters adopting that principle was ‘‘to ensure in its local or regional transmission recommend that the Commission that the transmission planning process plan, a public utility transmission incorporate public policy objectives into encompasses more than reliability provider has no explicit obligation the transmission planning process.71 considerations.’’ 60 The Commission under Order No. 890 or the pro forma For example, PJM argues that explained that although planning to OATT to evaluate the project based on ‘‘additional guidance from the maintain reliability is a critical priority, its potential to facilitate the Commission is needed if public policy transmission planning also involves achievement of public policy imperatives such as aggressive economic considerations.61 requirements established by State or integration of renewable resources are to 56. More specifically, the Commission Federal laws or regulations. be met.’’ 72 PJM states that while stated that when conducting 59. The October 2009 Notice observed ensuring system reliability should transmission planning to serve native that some areas are struggling with how remain the primary goal of the load customers, a prudent vertically to adequately address transmission transmission planning process, integrated transmission provider will expansion necessary to, for example, providing for incorporation of public plan not only to maintain reliability, but integrate renewable generation policy objectives, where applicable, also consider whether transmission resources into the transmission system. could facilitate cost-effective upgrades or other investments can The October 2009 Notice attributed achievement of those objectives. In reduce the overall costs of serving these difficulties in part to the fact that particular, PJM suggests that the native load.62 The Commission planning transmission facilities Commission move beyond a strict identified this potential for undue necessary to meet State resource application of ‘‘bright line’’ criteria discrimination among a transmission requirements, such as the renewable currently used for reliability and provider’s customers as a justification to portfolio standard measures discussed economic projects and allow implement the Economic Planning above, must be integrated with existing transmission providers more flexibility Studies principle requiring transmission transmission planning processes that are 67 providers to make available to their based on metrics or tariff provisions Id. at 4. 68 E.g., Dominion, Entergy, Large Public Power customers services that are comparable focused on reliability or in some cases Council, Midwest ISO, New York PSC, Northern to those they are performing on behalf production cost savings.66 Drawing on Tier Transmission Group, Southern Companies, of their native loads.63 these observations, the October 2009 WestConnect Planning Parties, and WECC. In Notice sought comment as to whether addition, PSEG Companies state that while it is true 57. The Economic Planning Studies that reliability impact studies are performed principle requires that stakeholders be reliability impact studies are properly independently of economic planning, such a given the right to request a defined aligned with evaluations of economic- distinction is appropriate because ensuring number of high priority studies based projects or projects proposed to reliability is the primary objective of the planning annually through the transmission satisfy renewable energy standards. To process. 69 E.g., Massachusetts Departments and Public the extent that assessments of various Power Council. 60 Order No. 890, FERC Stats. & Regs. ¶ 31,241 at possible project benefits are not 70 Massachusetts Departments share a similar P 542. properly aligned, the October 2009 concern. 61 Id. Notice sought comment as to how 71 E.g., AWEA, Baltimore Gas and Electric, Public 62 The Commission further stated that such reliability assessments, economic Interest Organizations & Renewable Energy Groups, upgrades could, for example, reduce congestion Exelon, Eastern PJM Governors, ITC Holdings, LS (redispatch) costs or integrate efficient new Power, National Grid, NextEra, Old Dominion, PJM, resources (including demand resources) and new or 64 Order No. 890, FERC Stats. & Regs. ¶ 31,241 at Renewable Energy Systems Americas, Trans-Elect, growing loads. Id. P 547–48. and The Brattle Group. 63 Order No. 890–A, FERC Stats. & Regs. ¶ 31,261 65 Id. P 574. 72 PJM Order No. 890 Technical Conference at P 240. 66 October 2009 Notice at 3. Comments, op. cit. at 6.

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to take into account the multiple public utility transmission provider then it must make that demonstration in reliability, economic, or public policy- must consider these same needs on its compliance filing. based benefits a single project may be behalf of all of its customers. In 67. This proposed requirement is able to provide.73 addition, providing for incorporation of intended to clarify the objectives that 62. Other commenters propose public policy requirements established would be considered in local and various approaches to incorporating by State or Federal laws or regulations regional transmission planning public policy objectives into the in transmission planning processes, processes. As we stated in Order No. transmission planning process. Some of where applicable, could facilitate cost- 890, we believe that the transparency these commenters argue that if the goal effective achievement of those provided under open transmission of the transmission planning process is requirements. planning processes can provide useful to allow load-serving entities to satisfy 64. To address these issues, we information that would help states to their resource needs, such needs could propose to revise the requirements coordinate transmission and generation include resources required to comply established in Order No. 890 with siting decisions, allow consideration of with State and Federal public policy respect to local and regional regional resource adequacy 74 77 objectives. Still other commenters transmission planning processes. requirements, facilitate consideration of recommend that the Commission Specifically, we propose to require each demand response and load management provide flexibility in the transmission public utility transmission provider to programs at the State level, and address planning process so that each region can amend its OATT such that its local and other factors states wish to consider. determine which resources it will use to regional transmission planning 68. Another benefit of this proposed fulfill any applicable public policy processes explicitly provide for requirement to consider public policy objectives.75 consideration of public policy requirements established by State or 63. To ensure that each public utility requirements established by State or Federal laws or regulations within the transmission provider’s transmission Federal laws or regulations that may transmission planning process is that planning process supports rates, terms, drive transmission needs. After adherence with this proposed and conditions of transmission service consulting with stakeholders, a public requirement may eventually increase in interstate commerce that are just and utility transmission provider may the proportion of transmission network reasonable and not unduly include in the transmission planning investment that is constructed pursuant discriminatory or preferential, the process additional public policy to proactive transmission planning Commission preliminarily finds that objectives not specifically required by transmission needs driven by public State or Federal laws or regulations. processes, thereby reducing the policy requirements established by State This proposed requirement would be a proportion of network upgrades that or Federal laws or regulations should be supplement to, and would not replace, would otherwise be triggered by taken into account in the transmission any existing requirements with respect individual generator interconnection planning process. Indeed, consideration to consideration of reliability needs and requests, which can be time consuming of such public policy requirements application of the economic studies and inefficient. If more of the raises issues similar to those raised in principle in the transmission planning transmission network were expanded the Commission’s discussion in Order process. under the type of regional transmission No. 890 of the Economic Planning 65. The Commission does not propose planning process described above, then Studies principle.76 When conducting to identify the public policy the network upgrades triggered by transmission planning to serve native requirements established by State or interconnection requests should be less load customers, a prudent transmission Federal laws or regulations that must be significant in size and cost than they provider will not only plan to maintain considered in individual local and have been in the past and the associated reliability and consider whether regional transmission planning differences in cost allocation provisions transmission upgrades or other processes. Instead, we propose to may become less significant as well. investments can reduce the overall costs require each public utility transmission 69. This proposed requirement is not of serving native load, but also consider provider to coordinate with its intended in any way to infringe upon how to enable compliance with relevant customers and other stakeholders to State authority with respect to public policy requirements established identify public policy requirements integrated resource planning.78 In by State or Federal laws or regulations established by State or Federal laws or addition, to the extent that a public in a cost-effective manner. Therefore, regulations that are appropriate to utility transmission provider has an we propose to find that, to avoid acting include in its local and regional obligation to comply with public policy in an unduly discriminatory manner, a transmission planning processes. requirements established by State or 66. We propose to require each public Federal laws or regulations, such as the 73 Citing, PJM Interconnection, L.L.C., 119 FERC utility transmission provider to specify State renewable portfolio standard ¶ 61,265 (2007) (directing PJM to adopt a formulaic in its OATT the procedures and measures discussed above, this approach to applying metrics used to choose mechanisms in its local and regional proposed requirement is not intended to economic projects). transmission planning processes for convert a failure to satisfy that 74 E.g., APPA and Bay Area Municipal Transmission Group. evaluating transmission projects obligation into a violation of its OATT. 75 E.g., Consolidated Edison, et al. proposed to achieve public policy In other words, while a public utility 76 In Order No. 890, the Commission intended the requirements established by State or transmission provider would be economic planning studies principle to be Federal laws or regulations. If a public required to identify and consider public sufficiently broad to identify solutions that could utility transmission provider believes policy requirements established by State relieve transmission congestion or integrate new that its existing transmission planning resources and loads, including upgrades to integrate or Federal laws or regulations in its new resources and loads on an aggregated or processes satisfy these requirements, local and regional transmission regional basis. The Commission recognizes that its planning processes, this proposed statements with respect to the economic planning 77 By ‘‘local’’ transmission planning process, we requirement would not establish an studies principle may have contributed to mean the transmission planning process that a confusion as to whether public policy requirements pubic utility transmission provider performs for its may be considered in the transmission planning individual service territory or footprint pursuant to 78 Order No. 890, FERC Stats. & Regs. ¶ 31,241 at process. the requirements of Order No. 890. P 479, n.274.

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independent obligation to satisfy those 73. The October 2009 Notice posed 75. Other commenters state that requirements. several questions relating to merchant merchant and independent developers 70. We seek comment on any issue of and independent transmission should not be treated similarly or interest or concern related to the developers’ participation in the regional required to participate in the requirements proposed in this section of transmission planning process. The transmission planning process. For the Proposed Rule. In particular, we October 2009 Notice sought comment example, Chinook and Zephyr and ITC seek comment as to whether public on how projects proposed by merchant Holdings state that because the business policy requirements established by State or independent transmission developers model of merchant and independent or Federal laws or regulations should be should be treated in the regional transmission developers is different considered in the transmission planning transmission planning process. The from that of vertically-integrated process. Further, we seek comment on October 2009 Notice also asked whether utilities, different transmission planning how planning criteria based on public these types of developers should be requirements are appropriate for them. policy requirements should be required to participate in the regional Chinook and Zephyr also argue that formulated, including whether it is transmission planning process and, if regional transmission planning more appropriate to use flexible criteria so, at what point they should be requirements should apply to a instead of ‘‘bright line’’ metrics when required to engage in that process. In merchant developer only after it is determining which projects are to be addition, the October 2009 Notice asked operating under a Commission- included in the regional transmission whether the right of first refusal for approved OATT. Dayton Power and plan, whether the use of flexible criteria incumbent transmission owners Light contends that while any would provide undue discretion as to unreasonably impedes the development transmission facility that is necessary to whether a project is included in a of merchant and independent meet NERC reliability criteria, regional transmission plan, and whether transmission and, if so, how that regardless of ownership, should be the use of ‘‘bright line’’ metrics may impediment could be addressed. required to be included in the inappropriately result in alternating Finally, the October 2009 Notice asked transmission planning process, inclusion and exclusion of a single whether there are barriers to merchant merchant and independent projects project over successive planning cycles and independent transmission planned for nonreliability reasons can and therefore create inappropriate developers’ participation in the regional be developed independently of the disruptions in long-term transmission transmission planning process other transmission planning process, subject planning. than rights of first refusal.80 to appropriate interconnection requirements. C. Opportunities for Undue 74. These questions generated 76. Other commenters emphasize the Discrimination Against Nonincumbent extensive comments. For example, importance of allowing merchant and Transmission Developers many commenters argue that a project proposed by a merchant or independent independent developers to participate 1. Nonincumbent Transmission transmission developer should be actively in the transmission planning 83 Developer Participation in the treated on the same basis as all other process. Generally, these commenters Transmission Planning Process proposed projects.81 Also, a number of argue that merchant and independent 71. As discussed above, Order No. 890 commenters assert that merchant and transmission developers should either sought to reduce opportunities for independent developers should be participate in the transmission planning undue discrimination and preference in required to participate in the process as early as practical, at the the provision of transmission service. transmission planning process.82 For beginning of the transmission planning With regard to the transmission example, Southern Companies asserts cycle, or as soon as they have a proposal planning process, the Commission that it would be discriminatory if the that is developed well enough to be established nine transmission planning Commission did not require merchant considered. Pattern Transmission also principles to prevent undue and independent developers to suggests that the Commission should discrimination. However, Order No. 890 participate in the transmission planning better define the transmission planning did not specifically address the process, as jurisdictional and non- process and the roles of its participants potential for undue preference to jurisdictional transmission providers are to ensure a level playing field for incumbent utilities over nonincumbent required to do. independent transmission developers. transmission developers through 77. The questions about whether an practices applied within transmission 80 Id. at 4. incumbent transmission owner’s right of planning processes. 81 E.g., Allegheny Companies, AEP, CAlifornians first refusal unreasonably impedes 72. The October 2009 Notice observed for Renewable Energy, Delaware Municipal and merchant or independent transmission that in some areas, when a Southwestern Electric, E.ON Climate & Renewables development and, if so, how this North America, Great River Energy, Sun Flower and impediment could be addressed, also nonincumbent transmission developer Mid-Kansas, National Nuclear Security participates in the transmission Administration Service Center, Organization of generated extensive comments. Many planning process, it may lose the MISO States, and Transmission Agency of Northern commenters state that a right of first opportunity to construct its proposed California. refusal does not unreasonably impede 82 project to the incumbent transmission E.g., APPA, CAlifornians for Renewable merchant and independent transmission Energy, Delaware Municipal and Southwestern 84 owner if that owner has a right of first Electric, Dominion, Exelon, Integrys, Old development. Various commenters refusal to construct any transmission Dominion, Sun Flower and Mid-Kansas, Large facility in its service territory. The Public Power Council, Midwest ISO, National 83 E.g., Green Energy Express, ITC Holdings, Nuclear Security Administration Service Center, Pattern Transmission, and Starwood. October 2009 Notice also observed that National Rural Electric Coops, New England States’ 84 E.g., Allegheny Companies, AEP, Ameren, in some areas, merchant transmission Committee on Electricity, New York PSC, Baltimore Gas and Electric, Dominion, EEI, Great developers choose to plan proposed Organization of MISO States, Pacific Gas and River Energy, Integrys, et al., Sun Flower and Mid- facilities outside of the transmission Electric, Ohio Commission, SPP, San Diego Gas & Kansas, Large Public Power Council, MidAmerican, 79 Electric, South Carolina Electric & Gas, Midwest ISO Transmission Owners, National Grid, providers’ planning processes. Transmission Access Policy Study Group, Northern Tier Transmission Group, Old Dominion, Transmission Agency of Northern California, PPL, PSEG Companies, Ohio Commission, San 79 October 2009 Notice at 3. Transmission Dependent Utility Systems, and Xcel. Diego Gas & Electric, Southern California Edison,

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present a range of reasons that it is right of first refusal provides a obligation.89 In response to concerns appropriate for an incumbent disincentive for a merchant or that a merchant or independent transmission provider to have a right of independent developer to propose a developer would submit an inaccurately first refusal, including that the project, especially a proposal for a low bid to construct a proposed incumbent transmission owner: (1) Has transmission facility that spans multiple transmission facility, some commenters a legally enforceable obligation to utilities’ service territories, because any claim that such a developer is no more maintain reliability on its systems and investment that it makes in developing likely to do so than an incumbent faces penalties for noncompliance; (2) is a proposal may be lost if an incumbent transmission owner.90 These same obligated under State law to provide transmission owner can exercise its commenters argue that, contrary to what reliable service at the lowest reasonable right of first refusal or otherwise delay some commenters assert, an incumbent cost; (3) may be required to build the project or prevent construction of transmission owner will not leave an facilities included in an RTO’s or ISO’s the project; (2) by discouraging RTO or ISO if the right of first refusal regional plan, an obligation that competition and new entry, a right of is eliminated. merchant and independent transmission first refusal likely increases costs to 82. While some commenters advocate developers lack; (4) is best situated to ratepayers; and (3) a merchant or elimination of all rights of first refusal, develop transmission facilities within independent transmission developer other commenters support more limited its service territory, as it is most familiar may have difficulty obtaining financing restrictions. For example, Exelon states with the design and operation of its if investors perceive that its proposed that ‘‘where an independent developer system, its customers’ needs, and State project could be subject to a right of first bids on transmission expansion that is and local permitting and siting refusal or is otherwise at a disadvantage justified under existing planning criteria processes; and (5) may be able to compared to a project sponsored by an and will be included in rate base, the provide transmission services at a lower incumbent transmission owner. incumbent transmission owner should cost than a merchant or independent 80. Among other comments on this be required to match the bid to invoke transmission developer because it issue, Startrans claims that for an its right of first refusal.’’ 91 Several enjoys economies of scale with respect incumbent transmission owner, a commenters argue that a right of first to the staff and resources necessary to Commission-approved right of first refusal should be allowed for reliability- maintain and operate new transmission refusal effectively creates a Federal based projects, but may not be necessary facilities. franchise for transmission development for economic-based or other projects.92 78. Some commenters contend that derived from a State franchise for retail While AWEA and LS Power both the right of first refusal should be electricity. Transmission Agency of maintain that the right of first refusal preserved because an incumbent Northern California contends that a should be eliminated, they contend that transmission owner that voluntarily right of first refusal also may ‘‘diminish if the right of first refusal is preserved joined an RTO or ISO did so with the the incentive for the incumbent utilities then those practices should apply only understanding that it would retain the to conceive projects in their own service to local reliability projects. Moreover, right to invest in and earn a return on territory.’’ 87 AWEA asserts that a right of first refusal 85 new facilities within its system. 81. Responding to arguments in favor should be required to be exercised According to Midwest ISO of a right of first refusal, some within ninety days. Similarly, ITC Transmission Owners, eliminating a commenters argue that concerns about Holdings contends that a right of first right of first refusal could provide a the reliability of a merchant or refusal will continue to impede disincentive for RTO membership. independent transmission developer’s transmission development if the time Similarly, the California ISO asserts that project are unfounded, as the merchant for exercising it is allowed to continue without a right of first refusal, a or independent transmission developer indefinitely, and Pacific Gas and transmission owner may have less will be subject to NERC reliability Electric argues that any right of first incentive to participate in an RTO or standards and to the same penalties for refusal should be exercised in a timely ISO. noncompliance as an incumbent manner. Transmission Access Policy 79. However, other commenters argue 88 transmission owner. Pattern Study Group, however, states that the that a right of first refusal impedes Transmission states that a merchant or Commission may need to take other transmission development and provides independent developer has a financial steps in addressing this issue in an undue advantage to an incumbent incentive to construct and operate addition to limiting the time in which transmission owner.86 Such facilities safely and reliably in a right of first refusal may be exercised. commenters present a number of accordance with all applicable In addition, several commenters reasons for eliminating a right of first regulatory and industry standards, as its contend that placing restrictions on a refusal, including the following: (1) A investment is at risk if it does otherwise. right of first refusal makes the practice With regard to an incumbent no less discriminatory.93 Southern Companies, WestConnect Planning transmission owner’s obligation to Parties, and Xcel. However, Old Dominion suggests 83. EEI argues that while ‘‘in general, that the Commission could eliminate the right of build, some commenters assert that it is applicability of a right of first refusal first refusal if merchant and independent not a burden, but rather a privilege, as does not create an impediment to transmission developers were subject to the same the incumbent transmission owner is transmission planning or development’’ rules and had the same responsibilities as assured the opportunity to recover its incumbent transmission owners, and could recover and that in many cases, ‘‘incumbent their costs through the RTO/ISO tariff. costs and earn a return on its investment transmission owners are better situated 85 E.g., Ameren, MidAmerican, and Midwest ISO through the rate base. These to build needed transmission within Transmission Owners. commenters argue that a merchant or their franchised service territories,’’ if 86 E.g., American Forest and Paper, AWEA, independent developer would be CAlifornians for Renewable Energy, EPSA, willing to compete for such an 89 E.g., Indicated Partners and Startrans. Indicated Partners, Modesto Irrigation District, 90 NationalWind, NextEra, Renewable Energy Systems E.g., Indicated Partners. Americas, Startrans, Starwood, Transmission 87 Transmission Agency of Northern California at 91 Exelon at 12. Access Policy Study Group, Transmission Agency 3. 92 E.g., Allegheny Companies, Dominion, Large of Northern California, and Transmission 88 E.g., Green Energy Express and Pattern Public Power Council, and SPP. Dependent Utility Systems. Transmission. 93 E.g., Indicated Partners.

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the Commission finds it necessary to For example, LS Power states that there necessary. The result may be that address the exercise of a right of first are regions in which an independent regional transmission services may be refusal, it should do so on a case- developer cannot become a transmission provided at rates, terms and conditions specific basis.94 Similarly, the California owner until it has completed a project that are not just and reasonable. ISO recommends that the Commission and owns the resulting transmission 89. To address these issues, we allow the right of first refusal to be facility. Additionally, LS Power states propose a framework that reflects the addressed through individual RTO and that it is difficult to develop a project in following reforms, including the ISO stakeholder processes, rather than a region where the load-serving entity is elimination from a transmission adopting generic right of first refusal also a transmission owner, as the provider’s OATT or agreements subject regulations. Pacific Gas and Electric incumbent utility is often responsible to the Commission’s jurisdiction of states that this proceeding should not for both generation and transmission provisions that establish a Federal right preempt the California ISO’s planning and resource procurement and of first refusal for an incumbent development of a right of first refusal may have an incentive to expand its rate transmission provider with respect to proposal. In contrast, SPP states that base by investing in transmission facilities that are included in a regional additional clarification and a generally infrastructure rather than support transmission plan. Neither incumbent applicable policy regarding the right of independent transmission development. nor nonincumbent transmission facility first refusal is necessary. The 86. Northern Tier Transmission Group developers should, as a result of a Organization of MISO States argues that, suggests that some merchant Commission-approved OATT or while a right of first refusal may limit transmission developers self-impose a agreement, receive different treatment in competition, any modifications must barrier to successful participation in the a regional transmission planning recognize various State regulatory transmission planning process in that process. Further, both should share structures and respect State jurisdiction they do not submit comparable planning similar benefits and obligations and statutes. The Alabama PSC argues data. As such, Northern Tier commensurate with that participation, that the Commission should adopt Transmission Group is unable to including the right, consistent with policies that encourage merchant include their projects in its analytical State or local laws or regulations, to transmission development only if the studies. construct and own a facility that it sponsors in a regional transmission State commissions in a region support 2. Proposed Reforms Regarding planning process and that is selected for such policies. Nonincumbents 84. In response to the question in the inclusion in the regional transmission October 2009 Notice regarding barriers 87. Based on the comments submitted plan. The Commission proposes that the in response to the October 2009 Notice, to merchant and independent tariff changes to implement these there appear to be opportunities for transmission developers’ participation proposed reforms would be developed undue discrimination and preferential in the regional transmission planning through an open and transparent treatment against nonincumbent process other than a right of first refusal, process involving the public utility transmission developers within existing several commenters state that there are transmission provider, its customers, regional transmission planning none or that they are unaware of any.95 and other stakeholders. processes. Where an incumbent However, Pattern Transmission suggests 90. First, we propose to require that transmission provider has a right of first that the uncertainty of recovering the each public utility transmission refusal, a nonincumbent transmission costs associated with participation in provider must revise its OATT to developer risks losing its investment in demonstrate that the regional the transmission planning process can developing a proposal for submittal to transmission planning process in which be a barrier to participation by merchant the regional transmission planning it participates has established and independent transmission process, even if that proposal is selected appropriate qualification criteria for developers, particularly if the planning for inclusion in the regional determining an entity’s eligibility to process is inefficient and deadlines are transmission plan. We are concerned propose a project in the regional not met. Pattern Transmission also that it may be unduly discriminatory or transmission planning process, whether asserts that an incumbent transmission preferential to deny a nonincumbent that entity is an incumbent transmission owner has an advantage in developing transmission developer that sponsors a owner or a nonincumbent transmission proposals as it has priority access to project that is included in a regional developer. These criteria must be data. Green Energy Express states that transmission plan the rights of an included in the public utility ‘‘ the Commission should ensure a level incumbent transmission provider that transmission provider’s OATT and must playing field with regard to the flow of are created by a transmission provider’s not be unduly discriminatory or information, the determination of need, OATT or agreements subject to the preferential. However, it would not be and related interactions between an Commission jurisdiction. unduly discriminatory or preferential to RTO or ISO or other transmission 88. In addition, under these have appropriate qualification criteria planning region, incumbent circumstances, nonincumbent for all potential transmission owners. transmission owners and developers, transmission developers may be less Such criteria should be designed to and independent, nonincumbent likely to participate in the regional demonstrate that each potential 96 developers.’’ transmission planning process. If the transmission owner has the necessary 85. LS Power states that there are regional transmission planning process financial and technical expertise to several additional barriers to third party does not consider and evaluate projects develop, construct, own, operate, and developers’ participation in regional proposed by nonincumbents, it cannot maintain transmission facilities.97 Any transmission planning processes, some meet the principle of being ‘‘open.’’ such criteria must be approved by the of which are unique to certain markets. Moreover, such a planning process may Commission. Although we do not not result in a cost-effective solution to 94 EEI at 9–10. regional transmission needs and 97 Nothing would preclude the incumbent 95 E.g., Allegheny Companies, CAlifornians for projects that are included in a transmission owner from agreeing to operate and Renewable Energy, Integrys, et al., Maine PUC and maintain the facilities. Additionally, nothing in this Public Advocate, New York PSC, and Xcel. transmission plan therefore may be Proposed Rule is intended to change existing RTO 96 Green Energy Express at 10. developed at a higher cost than and ISO operational procedures and practices.

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propose here to establish a single set of provisions that establish a Federal right of an incumbent transmission owner to qualification criteria that would apply of first refusal for an incumbent recover the costs associated with in all regional transmission planning transmission provider.100 We also developing the project and constructing processes, we seek comment on whether propose to require each public utility the transmission facility. Costs we should do so and if so, what these transmission provider to amend its associated with a project that is not criteria should be. Instead, we propose OATT to describe how the regional included in the regional transmission that each public utility transmission transmission planning process in which plan, whether proposed by an provider, in cooperation with customers it participates provides for the sponsor incumbent or by a nonincumbent and other stakeholders in its (whether an incumbent transmission transmission provider, may not be transmission planning region, must provider or a nonincumbent recovered through a transmission participate in a regional transmission transmission developer) of a facility that planning region’s cost allocation planning process that develops is selected through the regional process. qualification criteria that satisfy the transmission planning process for 97. We emphasize that these proposed requirements of this Proposed Rule. inclusion in the regional transmission reforms would apply only to facilities 91. Second, we propose to require that plan to have a right, consistent with that are evaluated in a regional each public utility transmission State or local laws or regulations, to transmission planning process and provider must revise its OATT to construct and own that facility. selected for inclusion in a regional include a form by which a prospective 94. Moreover, because a regional transmission plan. We do not propose to project sponsor would provide transmission planning process may modify any existing obligation for an information in sufficient detail to allow result in modifications to proposed incumbent transmission owner to build the proposed project to be evaluated in projects in order to better meet the unsponsored projects that are identified the regional transmission planning needs of the region, the public utility as necessary in a regional transmission process.98 In connection with the other transmission provider must ensure that plan.101 In addition, where an aspects of the framework discussed in its regional transmission planning incumbent transmission owner has the this section, we also propose to require process has a mechanism to determine right to build, own, and recover costs for that all proposals to be considered in a which proposal the modified project is upgrades to its own existing given transmission planning cycle must most similar to, with the sponsor of the transmission facilities (e.g., tower be submitted by a single, specified date, most similar project having the right, change out and reconductoring), such to minimize the opportunity for other consistent with State or local laws or right would not be affected by the entities to propose slight modifications regulations to construct and own the reforms proposed here. to already submitted projects. facilities. 98. We also emphasize that these 92. Third, we propose to require that 95. Fifth, we propose to require that proposed reforms would affect only a each public utility transmission if a proposed project is not included in right of first refusal established in a provider participate in a regional a regional transmission plan and if the transmission provider’s OATT or transmission planning process that project’s sponsor resubmits that agreements subject to the Commission’s evaluates the proposals submitted to the proposed project in a future jurisdiction. This Proposed Rule does regional planning process through a transmission planning cycle, that not address, propose to change, or seek transparent and not unduly sponsor would have the right to develop to preempt any State or local laws or discriminatory or preferential process. that project under the foregoing rules regulations. 99. Finally, we do not propose here to Each public utility transmission even if one or more substantially similar require a transmission developer that provider would be required to describe projects are proposed by others in the does not seek to use the regional cost in its OATT the process used for future transmission planning cycle. The evaluating whether to include a allocation process to participate in the OATT must state that this priority to proposed transmission facility in the regional transmission planning process, develop the proposed facility continues regional transmission plan.99 as some commenters recommend. For 93. Fourth, with respect to facilities for a defined period of time (e.g., for example, because a merchant that are included in a regional resubmission annually in subsequent transmission developer assumes all transmission plan, we propose to transmission planning cycles over a 5- financial risk for developing its project require removal from a transmission year period). and constructing the proposed facilities, 96. Sixth, we propose to require that, provider’s OATT or agreements subject it is unnecessary to require such a to the Commission’s jurisdiction if an incumbent transmission project developer to participate in a regional developer may recover the cost of a transmission planning process for transmission facility for a selected 98 The information about its proposed project that purposes of identifying the beneficiaries a sponsor provides also should include, as relevant, project through a regional cost of its project or securing eligibility to engineering studies, cost analyses, and any other allocation method, a nonincumbent use a regional cost allocation method. A detailed reports completed by the project sponsor transmission project developer must as needed to facilitate evaluation of the project in the regional transmission planning process. enjoy that same eligibility. More 101 For example, in some RTO and ISO regions, 99 The description would need to provide specifically, each public utility transmission owners have obligations to build sufficient detail so that an entity that proposed a transmission provider must participate certain transmission facilities identified by the RTO project could determine why the project was in a regional planning process that or ISO. As new transmission owners, including included or not included in the regional nonincumbent transmission owners, join the RTO transmission plan. In addition to addressing provides that, when a project proposed or ISO, they will incur the obligations concerns about undue discrimination or preference, by a nonincumbent transmission accompanying that status in the RTO or ISO’s tariff the description would facilitate understanding of developer is included in a regional and other governing documents. We note that the relative weight placed on various benefits transmission plan, that developer must provisions imposing such obligations may need to associated with competing proposals (e.g., one be modified to reflect how they will apply to proposal might address only a reliability-driven have an opportunity comparable to that nonincumbent transmission project developers. We transmission need, while another proposal might also note that before turning to a transmission also provide greater benefits in terms of congestion 100 If a Commission-approved tariff or agreement owner with such an obligation, the RTO or ISO relief or advancement of public policy requirement contains a reference to a right provided under state could conduct a competitive bidding process to established by State or Federal laws or regulations or local laws or regulations, such a provision would assign construction rights for an unsponsored that a transmission planning region has identified). not be subject to this requirement. project in its regional transmission plan.

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developer that does not seek to use the D. Interregional Coordination efficiently or effectively meet the needs identified in individual regional regional cost allocation process 1. The Need for Interregional Planning transmission plans.106 nevertheless would be required to Reforms comply with all reliability requirements 104. The October 2009 Notice posed applicable to facilities in the 102. As discussed above, the several questions related to this issue, transmission planning region in which transmission planning principles including whether existing transmission established in Order Nos. 890 and 890– its project would be located. In addition, planning processes are adequate to A establish a framework for such a developer is not prohibited from identify and evaluate potential solutions transmission planning at the local and to needs affecting the systems of participating—and, indeed, is regional levels. In Order No. 890–A, the multiple transmission providers. The encouraged to participate—in the Commission emphasized that effective October 2009 Notice also sought regional transmission planning process. regional planning should include comment as to what processes should 100. As discussed above, in response coordination among regions. Further, govern the identification and selection to the October 2009 Notice, many the Commission stated that regions and of projects that affect multiple commenters link the right of first refusal subregions should coordinate as systems.107 for an incumbent utility to its obligation necessary to share data, information and 105. In response to the October 2009 to construct new facilities if called upon assumptions to maintain reliability and Notice, some commenters state that the to do so. While the Commission allow customers to consider the need for supplemental interregional acknowledges these comments, we resource options that span the transmission planning processes cannot 102 preliminarily find that these two regions. In several of the Order No. be evaluated until stakeholders gain practices are not, and should not be, 890 compliance orders, the Commission more experience with the regional requested more detailed information linked within regional transmission transmission planning processes regarding compliance with this aspect of planning processes. That is, while a conducted pursuant to Order No. 890, the regional participation principle.103 public utility transmission owner may and thus oppose Commission action on 103. Within that Order No. 890 and this issue at this time.108 Other have accepted an obligation to build in 890–A framework, transmission commenters state that the lack of relation to its membership in an RTO or providers in certain parts of the country interregional planning is a considerable ISO, this obligation is not directly have organized subregional problem and that transmission planning dependent on that transmission transmission planning groups for the could be enhanced by increasing the provider having a corresponding right of purpose of collectively developing plans amount of coordination that occurs first refusal with regard to a proposal to for upgrades on their combined between neighboring transmission construct and own a new transmission transmission systems. These subregional planning regions.109 facility located in that region. What is transmission plans are then analyzed at 106. More specifically, several important from the Commission’s a regional level to ensure that, if commenters advocate expansion of perspective is that the documents implemented, they will be interregional transmission planning, but approved by the Commission must not simultaneously feasible and meet disagree as to the extent to which be unduly discriminatory. The reliability requirements.104 interregional coordination should be Commission preliminarily finds that Additionally, some neighboring institutionalized. Proposals range from neither incumbent nor nonincumbent transmission providers have undertaken requiring regional transmission joint transmission planning pursuant to planning entities to comply with Order transmission facility developers should, 105 as a result of a Commission approved bilateral agreements. However, as No. 890 transmission planning observed in the October 2009 Notice, 110 OATT or agreement, receive different principles, to requiring greater there are few processes in place to treatment in the transmission planning coordination among existing analyze whether alternative transmission planning regions,111 to and selection process, and both should interregional solutions would more share similar benefits and obligations expanding the authorities of regional transmission planning entities.112 Some commensurate with that participation. 102 Order No. 890–A, FERC Stats. & Regs. ¶ 31,261 at P 226. 101. We seek comment on how the 106 October 2009 Notice at 2. 103 See, e.g., Southern Co. Servs., Inc.; 124 FERC reforms proposed in this section of the 107 ¶ 61,265, at P 70 (2008); United States Department Id. at 3. Proposed Rule would affect the rights, of Energy—Bonneville Power Administration, 124 108 E.g., American Transmission, Consolidated obligations, and responsibilities of FERC ¶ 61,054, at P 65 (2008); Southwest Power Edison, et al., Dominion, Eastern Interconnection incumbent and nonincumbent Pool, Inc., 124 FERC ¶ 61,028, at P 49 (2008). Planning Collaborative Analysis Team, Imperial 104 Such analysis is consistent with one aspect of Irrigation District, New York ISO, Public Power transmission providers. In particular, the Regional Participation transmission planning Council, South Carolina Electric & Gas, and we seek comment on the relationship or principle that the Commission established in Order Southern Companies. lack of relationship between a right of No. 890. On that issue, the Commission stated: ‘‘[I]n 109 E.g., Duke, Exelon, NextEra, Ohio Commission, Old Dominion, Organization of MISO first refusal and an obligation to build. addition to preparing a system plan for its own control area on an open and nondiscriminatory States, PSEG Companies, Transmission Access We also seek comment on whether it basis, each transmission provider will be required Policy Study Group, and Transmission Dependent would be appropriate to retain a Federal to coordinate with interconnected systems to: (1) Utility Systems. right of first refusal in an OATT or other Share system plans to ensure that they are 110 E.g., Old Dominion. simultaneously feasible and otherwise use 111 E.g., AWEA, Pioneer Transmission, PSEG documents subject to the Commission’s consistent assumptions and data, and (2) identify Companies, Public Interest Organizations & jurisdiction. If not, why not? If so, system enhancements that could relieve congestion Renewable Energy Groups, Transmission Access would it be appropriate to retain an of integrate new resources * * *’’ Order No. 890, Policy Study Group, and Transmission Dependent obligation to build for an incumbent FERC Stats. & Regs. ¶ 31,241 at P 523. Utility Systems. 105 See, e.g., Joint Operating Agreement Between 112 Regional transmission planning entities would transmission provider while removing a the Midwest Independent Transmission System be empowered ‘‘to make specific project Federal right of first refusal for that Operator, Inc. and PJM Interconnection, L.L.C. recommendations at the end of the planning incumbent? (Midwest Independent Transmission System process and to enter binding, near-juridical findings Operator, Inc., Second Revised Rate Schedule FERC of fact and conclusions related to the need and No. 5; PJM Interconnection, L.L.C. Second Revised economic benefits of specific projects or solutions.’’ Rate Schedule FERC No. 38). San Diego Gas & Electric at 6.

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commenters suggest that the question.117 Similarly, Public Interest transmission planning efforts being Commission should require Organizations & Renewable Energy undertaken pursuant to the ARRA. As interregional transmission planning or Groups state that the Commission noted above, broad participation in develop pro forma seams agreements should require coordinated transmission sessions to date related to these efforts that describe the requirements for infrastructure plan development by suggests that that the availability of coordinating transmission planning regional or interregional transmission Federal funds to pursue with a neighboring transmission planning authorities informed by interconnectionwide transmission planning region.113 interconnection-wide assessments and planning has increased awareness of the 107. San Diego Gas & Electric, for broad stakeholder input. potential for greater coordination among example, states that, in the West, 110. The October 2009 Notice also regions in transmission planning. The transmission planning is a hodgepodge recognized that proposals to implement Commission anticipates that the ARRA- of balkanized processes resulting in a interconnectionwide transmission funded efforts will enhance flood of proposed interstate planning were being developed in transmission planning by, among other transmission facilities but with virtually response to the above-noted funding actions, building upon local and no consideration given to which of the opportunities that DOE offered under regional transmission planning proposed facilities would be most the American Recovery and processes and improving capabilities to effective in meeting the needs of the Reinvestment Act of 2009. The October model the development of transmission broadest set of constituents. San Diego 2009 Notice observed that it was not enhancements for the various scenarios Gas & Electric also states that little clear whether those activities would of interest to State and Federal policy serious consideration is given to how result in a regular process for jointly makers and other stakeholders, as well various project proposals could be identifying and evaluating alternatives as Canadian provincial policy makers in modified, combined, or eliminated so as to solutions identified in transmission the Western Interconnection. We to make the best possible use of plans developed through existing emphasize that this Proposed Rule, available transmission corridors, transmission planning processes which does not require minimize adverse environmental conducted in accordance with Order interconnectionwide planning or cost impacts, and enhance overarching No. 890.118 allocation, is not intended to interfere system efficiencies.114 111. In response to the October 2009 with the efforts already underway in 108. Pioneer Transmission states that Notice, some commenters state that ARRA-funded transmission planning it has a unique perspective on interconnectionwide transmission initiatives. interregional transmission planning planning undertaken pursuant to the 113. However, even with these issues, as it spent the last year and a half ARRA should be given a chance to important steps toward interconnection- working with the Midwest ISO and PJM mature before the Commission takes wide scenario analysis, the Commission in an effort to develop extra high voltage additional action with respect to remains concerned that the lack of transmission facilities that will be transmission planning.119 Other coordinated transmission planning located in both the Midwest ISO and commenters emphasize that funding processes across the seams of PJM footprints. Pioneer Transmission under the ARRA is an important one- neighboring transmission planning states that although the Midwest ISO time opportunity, but should not be regions could be needlessly increasing and PJM have undertaken various viewed as a prerequisite for initiating or costs for customers of transmission studies and have worked cooperatively expanding upon other transmission providers. These circumstances may with Pioneer Transmission, they have planning efforts.120 For example, Exelon result in transmission rates that are been hampered in their efforts to assess states that the ARRA-funded unjust and unreasonable. Therefore, the the Pioneer project for inclusion in their transmission planning for the Eastern Commission proposes reforms that are transmission plans because neither RTO Interconnection is a positive effort, but intended to improve coordination has in place formal procedures for is aimed at evaluating what would between neighboring transmission evaluating interregional projects.115 happen under various scenarios rather planning regions with respect to 109. The Ohio Commission states in than at evaluating solutions and facilities that are proposed to be located its comments that ‘‘[j]ust as the identifying the best solution for any in both regions, as well as interregional development of RTOs and ISOs was given transmission planning problem. facilities that could address encouraged to better coordinate AWEA states that the Commission transmission needs more efficiently individual transmission owners’ and should not rely on interconnectionwide than separate intraregional facilities. operators’ plans, the development of transmission planning undertaken 2. Proposed Interregional Planning inter-regional planning committees to pursuant to the ARRA as the sole means Reforms review and coordinate individual and for reforming the transmission planning RTO and ISO plans should be process because the ARRA-funded 114. We propose to require each encouraged.’’ 116 The California ISO efforts cannot be expected to lead to the public utility transmission provider states that it would be easier to analyze near-term changes that need to be through its regional transmission and justify transmission facilities that implemented in order to support planning process to coordinate with the would be located in more than one development of renewable energy public utility transmission providers in region if the underlying data were resources. each of its neighboring transmission consistent in all of the areas that are part 112. The Commission supports and planning regions within its of evaluating the transmission project in encourages the interconnectionwide interconnection to address transmission planning issues, as discussed below.121 113 E.g., AEP, Energy Future Coalition, Old 117 California ISO at 8. This coordination between transmission Dominion, Pioneer Transmission, Public Interest 118 October 2009 Notice at 2–3. planning regions must be reflected in an Organizations & Renewable Energy Groups, SPP, 119 E.g., ColumbiaGrid, NARUC, New England Transmission Access Policy Study Group, and States’ Committee on Electricity, and Organization 121 This proposal does not require a public utility Transmission Dependent Utility Systems. of MISO States. transmission provider to enter into an interregional 114 San Diego Gas & Electric at 5. 120 E.g., Eastern Interconnection Planning transmission planning agreement with a 115 Pioneer Transmission at 1–2. Collaborative Analysis Team, Entergy, and Progress neighboring transmission planning region in 116 Ohio Commission Comments at 6. Energy. another interconnection.

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interregional transmission planning interregional facilities that could agreements to be submitted to the agreement to be filed with the address transmission needs more Commission no later than one year after Commission. efficiently than separate intraregional the effective date of the final rule issued 115. The interregional transmission facilities; (2) an agreement to exchange in this proceeding. planning agreement may be developed at least annually planning data and V. Proposed Reforms: Cost Allocation on behalf of the public utility information; (3) a formal procedure to transmission providers within multiple identify and jointly evaluate A. Introduction transmission planning regions. For transmission facilities that are proposed 1. Order No. 890’s Transmission example, two RTOs may set forth the to be located in both regions; and (4) a Planning Principle on Cost Allocation requirements of their interregional commitment to maintain a Web site or for New Transmission Facilities transmission planning coordination as e-mail list for the communication of part of an overall joint operating information related to the coordinated 121. In Order No. 890, the agreement between them. A public planning process. Commission found that there is a close utility transmission provider that is not 118. With respect to the third relationship between transmission in an RTO or ISO may, for example, proposed requirement for an planning, which identifies needed work with other transmission providers interregional transmission planning transmission facilities, and the that participate in its regional agreement, the Commission proposes allocation of costs of the transmission transmission planning process to create that the sponsor of a project that would facilities in the plan. The Commission and enter into a multilateral be located in both transmission stated that knowing how the costs of interregional transmission planning planning regions to which that new transmission facilities would be agreement with transmission providers agreement applies must first propose its allocated is critical to the development in a neighboring transmission planning project in the transmission planning of new infrastructure, because region. Although not required under process of each of those transmission transmission providers and customers this proposal, we encourage public planning regions. The Commission cannot be expected to support the utility transmission providers to explore further proposes that such a submission construction of new transmission unless possible multilateral interregional would trigger a procedure established they understand who will pay the transmission planning agreements by the interregional transmission associated costs.122 among several, or even all, regions planning agreement, under which the 122. In light of this close relationship, within an interconnection, building on transmission planning regions would the Commission included a principle processes developed through the ARRA- coordinate their reviews of and jointly entitled ‘‘Cost Allocation for New funded transmission planning evaluate the proposed project. The Projects’’ among the Order No. 890 initiatives. We note that multilateral Commission proposes that such transmission planning principles. The interregional transmission planning coordination and joint evaluation must Commission stated that the Order No. agreements may minimize the growing be conducted in the same general 890 Cost Allocation principle was number of planning meetings that some timeframe as, rather than subsequent to, intended to apply to projects that did stakeholders suggest pose barriers to each transmission planning region’s not fit under existing cost allocation their meaningful participation in the individual consideration of the methods. As examples of such projects, planning processes, given their limited proposed project. Finally, the the Commission cited regional projects resources. Commission proposes that inclusion of involving several transmission owners 116. The interregional transmission the interregional transmission project in and economic projects that are planning agreement must include a each of the relevant regional identified pursuant to the Order No. 890 detailed description of the process for transmission plans would be a economic planning studies principle for coordination between public utility prerequisite to application of an transmission planning, rather than transmission providers in neighboring interregional cost allocation method that through individual requests for transmission planning regions with satisfies the cost allocation principles transmission service.123 respect to facilities that are proposed to proposed below in this NOPR. 123. The Commission did not impose be located in both regions, as well as 119. We seek comment on any issue a particular cost allocation method in interregional facilities that are not of interest or concern related to the Order No. 890, but instead permitted proposed but that could address requirements proposed in this section of public utility transmission providers, transmission needs more efficiently the Proposed Rule, including the customers, and other stakeholders to than separate intraregional facilities. proposed required elements of an determine a method that would be 117. While the Commission interregional transmission planning appropriate given the needs of the encourages every interregional agreement and any other elements that region. While allowing this flexibility transmission planning agreement to be should be part of an interregional among regions, the Commission also tailored to best fit the needs of the transmission planning agreement. In stated that providing some overall regions entering into the agreement, particular, we seek comment on how guidance on the issue was appropriate. there are certain elements that we such an agreement would be The Commission stated that when propose each public utility transmission implemented in non-RTO or ISO regions considering a dispute over cost provider must ensure are included in and on the impact that an interregional allocation, it would exercise its any interregional transmission planning transmission planning agreement would judgment by weighing several factors. agreement in which it participates. likely have on the development of First, the Commission stated that it Including these elements will help to interregional transmission facilities. would consider whether a cost ensure a proactive, comprehensive 120. We recognize that development allocation proposal fairly assigns costs process. Specifically, we propose that of interregional transmission planning among participants, including those an interregional transmission planning agreements would take time and would who cause the costs to be incurred and agreement must include: (1) A necessarily depend on progress at the commitment to coordinate and share the regional level. Accordingly, the 122 Order No. 890, FERC Stats. & Regs. ¶ 31,241 results of respective regional Commission proposes to require the at P 557. transmission plans to identify possible interregional transmission planning 123 Id. P 558.

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those that otherwise benefit from them. 126. After several rounds of However, both ColumbiaGrid and Second, the Commission stated that it compliance filings, the Commission Northern Tier Transmission Group use would consider whether a cost approved various public utility a process where, if no agreement on cost allocation proposal provides adequate transmission providers’ proposals allocation among the study team incentives to construct new pursuant to the cost allocation participants or the project proponents is transmission. Third, the Commission principle. The Commission found that obtained, the entities requesting the stated that it would consider whether the proposals adequately identified both project will bear the costs. the proposal is generally supported by the types of new projects that were not State authorities and participants across covered under previously existing cost 2. October 2009 Notice and Subsequent the region.124 allocation methods and new methods Comments 124. The Commission also stated that for allocating the cost of those projects. 129. As discussed above, in the these factors are particularly important 127. Particularly in transmission October 2009 Notice, the Commission as applied to economic projects that are planning regions outside of the RTO and posed a number of questions with identified pursuant to the Order No. 890 ISO footprints, many of the cost respect to allocating the cost of economic planning studies principle for allocation methods that the Commission transmission facilities. Those questions transmission planning, such as upgrades accepted in the Order No. 890 drew wide-ranging responses as to to reduce congestion or enable groups of compliance proceedings rely whether further Commission action on customers to access new generation. The exclusively on a ‘‘participant funding’’ cost allocation is needed at this time Commission stated that, as a general approach to cost allocation. Under a and, if so, what that action should be. matter, the beneficiaries of any such participant funding approach to cost project should agree to support its costs. allocation, the costs of a new 130. Among the commenters, there is The Commission recognized, however, transmission facility are allocated only general agreement that the Commission that there are free rider problems to entities that volunteer to bear those should not supersede existing, ongoing associated with new transmission costs. processes in various parts of the country investment, such that customers who do 128. For example, El Paso Electric that are attempting to address regional not agree to support a particular project proposed in its Order No. 890 and interregional cost allocation issues. may nonetheless receive substantial compliance filing to use a cost 131. Nonetheless, commenters benefit from it. The Commission also allocation method in which such supporting further Commission action stated that a range of solutions to free entities would share the costs on cost allocation at this time generally rider problems is available, noting that proportionally based on each assert that the Commission should different regions have attempted to participant’s desired use of the facility provide more detailed guidelines or address those problems in a variety of to be constructed.129 Other members of principles for allocating the costs of new ways.125 WestConnect, such as Public Service transmission facilities.134 Many 125. To comply with the cost Company of Colorado, filed and now commenters argue that a clear path to allocation principle, the Commission use similar participant funding cost cost recovery is necessary for a new directed each public utility transmission allocation methods.130 South Carolina transmission project to move beyond the provider to clearly define the details of Electric & Gas included in its Order No. evaluation stage and to be included in its cost allocation method as part of a 890 compliance filing the Southeast any regional transmission planning new attachment to its OATT. The Inter-Regional Participation Process process and ultimately to proceed to Commission stated that each proposal (SIRPP) provisions stating that costs for construction.135 Such commenters should identify the types of new economics-driven upgrades will be born indicate that risks associated with cost projects that are not covered under entirely by the transmission owner that recovery—together with the risks previously existing cost allocation builds the facilities.131 Similarly, associated with permitting and siting— methods and, therefore, would be Entergy filed and had approved a are among the most significant obstacles affected by the Order No. 890 cost method where the costs for projects to the construction of a new allocation principle.126 The Commission developed under its Regional Planning transmission facility, especially if also stated that it is important that each Process and its interregional customers that are allocated costs do not region address these cost allocation transmission planning process would be perceive that they will benefit from the issues up front, at least in principle, born by the party that constructs the proposed facility.136 Old Dominion rather than having them relitigated each facilities.132 ColumbiaGrid and the emphasizes that many of the obstacles time a project is proposed.127 The Northern Tier Transmission Group both inhibiting transmission development are Commission explained that up-front utilize a study committee process interrelated, but that greater certainty on identification of how the cost of a whereby alternative cost allocation cost allocation would likely ease access facility will be allocated will allow methods can be proposed for projects to capital for proposed facilities.137 transmission providers, customers, and 133 within their respective regions. 132. Several commenters specifically potential investors to make the decision address cost allocation as an whether or not to build that facility on adoption of a cost allocation method nor impediment to the development of an informed basis.128 identification of an upgrade (whether driven by reliability or economics) in a transmission plan generation to satisfy renewable portfolio 124 Id. P 559. triggers an obligation to build. Id. 129 125 Id. P 561 (‘‘[D]ifferent regions have attempted El Paso Electric Company, 124 FERC ¶ 61,051, 134 E.g., APPA, National Rural Electric Coops, to address such issues in a variety of ways, such at P 44 (2008). Transmission Access Policy Study Group, as by assigning transmission rights only to those 130 Xcel Energy Services, Inc.—Public Service Transmission Dependent Utility Systems, and who financially support a project or spreading a Company of Colorado, 124 FERC ¶ 61,052 (2008). California ISO. portion of the cost of certain high-voltage projects 131 South Carolina Electric & Gas Company, 127 135 E.g., American Transmission, AWEA, E.ON more broadly than the immediate beneficiary/ FERC ¶ 61,275, at P 50 (2009). Climate & Renewables North America, Energy supporters of the project.’’). 132 Entergy Services, Inc., 127 FERC ¶ 61,272 Future Coalition, and NextEra. 126 Id. P 558. (2009). 136 E.g., AWEA, Transmission Dependent Utility 127 Id. P 561. 133 See Avista Corporation, 128 FERC ¶ 61,065 Systems, Xcel, Transmission Access Policy Study 128 Order No. 890–A, FERC Stats. & Regs. ¶ 31,261 (2009) and Idaho Power Company, 128 FERC ¶ Group, and National Rural Electric Coops. at P 251. The Commission also stated that neither 61,064 (2009). 137 Old Dominion at 26.

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standards implemented by the states.138 135. In addition, the comments in cost allocation in their region is not a AWEA, for example, states that cost response to the October 2009 Notice problem.147 allocation policies are the biggest reflect a general consensus that those B. Legal Authority and Need for Reform impediment to construction of new who share in the benefits of transmission facilities, regardless of transmission projects should also share 138. Based on the comments received location, and that costs should be in their costs. However, there is no in response to the October 2009 Notice, assigned to all entities that benefit from consensus on what types of benefits the Commission believes that further a new facility. AWEA further comments should be considered or how such reform with respect to transmission cost that a participant funding cost benefits should be calculated. Certain allocation methods may be necessary in allocation method does not achieve that commenters, for example, support order to ensure that the rates, terms and goal.139 These commenters also state recognition of a broad spectrum of conditions of transmission service in that uncertainty over cost allocation benefits that may stem from interstate commerce are just and imposes significant costs on customers transmission development, such as reasonable and not unduly attempting to export energy from environmental impacts, land discriminatory or preferential. renewable resources and inhibit conservation and energy security.142 1. The Cost Causation Principle planning for the integration of the most Other commenters urge the Commission 139. Under sections 205 and 206 of economic generation resources into the to avoid a uniform approach to the FPA, the Commission is responsible transmission grid. Maine PUC and determining the benefits of transmission for ensuring that the rates, terms, and Public Advocate state that the existing projects.143 ISO–NE cost allocation methods are not conditions for transmission of electricity 136. Several commenters suggest that optimal when considering large in interstate commerce are just, if the Commission decides to establish amounts of wind integration.140 reasonable, and not unduly a default cost allocation method for new discriminatory or preferential.148 With 133. Similarly, the majority of transmission facilities, such a method respect to this responsibility, the commenters that address cost allocation should be employed and enforced only Commission and the courts have found for large, interregional transmission when stakeholders are unable to agree that the costs of jurisdictional facilities agree that the Commission upon their own regional cost allocation transmission facilities must be allocated should provide more guidance on cost method or methods.144 For example, in a manner that satisfies the ‘‘cost 141 allocation. Some commenters American Transmission, National Grid, causation’’ principle. complain that as a general matter, the Northern Tier Transmission Group, and 140. The U.S. Court of Appeals for the Commission has addressed cost NEPOOL Participants state that the District of Columbia Circuit (D.C. allocation methods only for facilities Commission could create a generic cost Circuit) has defined the cost causation within the footprint of a single allocation method as a backstop, which principle as follows: ‘‘[I]t has been transmission provider or a single RTO would apply when parties or regions traditionally required that all approved or ISO, and not for interregional could not come to their own agreement. rates reflect to some degree the costs projects. For example, AEP states that it Other commenters express the view that actually caused by the customer who has experienced delays in developing the Commission should create one or must pay them.’’ 149 The U.S. Court of transmission facilities that cross RTO more rebuttable presumptions about Appeals for the Seventh Circuit boundaries as a result of uncertainty who benefits from various types of (Seventh Circuit) recently quoted and over cost allocation, as well as elaborated on that definition, stating, difficulties with how the facilities are to facilities in order to make cost allocation easier.145 ‘‘All approved rates must reflect to some be planned. degree the costs actually caused by the 134. Some of these commenters assert 137. Finally, many commenters state customer who must pay them. Not that the expansion of regional power that no further generic Commission surprisingly, we evaluate compliance markets and the increasing adoption by action on cost allocation is needed at with this unremarkable principle by State governments of renewable energy this time because the processes in their comparing the costs assessed against a requirements have led to a growing need own regions already address, or are now party to the burdens imposed or benefits for new transmission facilities that cross working to address, cost allocation. For drawn by that party. To the extent that several utility and/or RTO or ISO example, in the Southeast, some a utility benefits from the costs of new regions. These commenters generally commenters state that their processes facilities, it may be said to have ‘caused’ support, or state that they do not for cost allocation are working well and a part of those costs to be incurred, as oppose, the Commission establishing a argue that the Commission should without the expectation of its process to help stakeholders address continue to allow regional flexibility on contributions the facilities might not 146 cost allocation matters over larger cost allocation processes. Similarly, have been built, or might have been geographic areas. For example, in the West, some commenters state that delayed.’’ 150 The Commission has California ISO and the California Commission comment that, although 142 E.g., AEP, AWEA, Baltimore Gas and Electric, 147 E.g., ColumbiaGrid, Northern Tier cost allocation within the California ISO Energy Future Coalition, Green Energy Express, ITC Transmission Group, Transmission Agency of Holdings, MidAmerican, National Audubon Northern California, Salt River Project and works well, they support the Society, NextEra, and Public Interest Organizations WestConnect Planning Parties. Commission creating a process to & Renewable Energy Groups. 148 16 U.S.C. 824d, 824e. consider cost allocation over a larger 143 E.g., ColumbiaGrid, ConEd, Delaware 149 K N Energy, Inc. v. FERC, 968 F.2d 1295, 1300 region in the West. Municipal and Southwestern Electric, and (D.C. Cir. 1992) (K N Energy). Northeast Utilities. 150 Illinois Commerce Comm’n v. FERC, 576 F.3d 144 E.g., American Transmission, National Grid, 470, 476 (7th Cir. 2009) (Illinois Commerce 138 E.g., AWEA at 9–10, American Transmission Northern Tier Transmission Group, and NEPOOL Commission) (citing K N Energy, 968 F.2d at 1300; and Exelon. Participants. Transmission Access Policy Study Group v. FERC, 139 AWEA at 4. See also Transmission Access 145 E.g., ITC Holdings, MidAmerican, PJM, Solar 225 F.3d 667, 708 (D.C. Cir. 2000); Pacific Gas & Policy Study Group at 25–27. Energy Industries, and WIRES. Elec. Co. v. FERC, 373 F.3d 1315, 1320–21 (D.C. Cir. 140 Maine PUC and Public Advocate at 7–8. 146 E.g., Entergy, Southern Companies, and 2004); Midwest ISO Transmission Owners v. FERC, 141 E.g., AEP, ITC Holdings, and Exelon. Florida Transmission Providers. 373 F.3d 1361, 1368 (D.C. Cir. 2004) (Midwest ISO

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frequently made similar statements with presented with concerns about parallel later conditionally accepted a proposal respect to the cost causation principle. path flow,153 the Commission has that Midwest ISO and PJM submitted in For example, as noted above, the offered repeatedly that if a public utility compliance with that directive on the Commission stated in Order No. 890 can demonstrate that a transaction is a grounds that it ‘‘more accurately that one factor it weighs when burden on its system, then that utility identifies the beneficiaries and allocates considering a dispute over cost can propose a transmission service rate the associated costs’’ than did the cost allocation is whether a cost allocation for Commission consideration that allocation methods that were previously proposal fairly assigns costs among would account for the unauthorized use in place.157 participants, including those who cause of its system.154 The Commission has 145. These examples show that the the costs to be incurred and those that cautioned against the hasty submittal of Commission has asserted its authority to otherwise benefit from them.151 such unilateral filings, describing its allocate the costs of jurisdictional 141. In applying the cost causation general policy as expecting owners and facilities to beneficiaries whether or not principle, the Commission has generally controllers of transmission facilities to those beneficiaries have entered into a allocated costs to beneficiaries that have attempt to resolve parallel path flow voluntary agreement with the public entered a voluntary arrangement with issues on a consensual, regional utility that is seeking to recover those the public utility that is seeking to basis.155 Nonetheless, if approved by the costs. recover those costs. One example of a Commission, such a proposal to address 146. In addition, courts have affirmed voluntary cost recovery arrangement parallel path flow would allow a public that the cost causation principle allows with a public utility is voluntary utility to recover costs from a the Commission to allocate at least some membership in an RTO or ISO that beneficiary of its system in the absence types of costs to beneficiaries that are makes an entity subject to the cost of a voluntary arrangement between the not customers of the public utility that allocation provisions of the RTO’s or utility and that beneficiary. is seeking to recover the costs in ISO’s tariff.152 The Commission also has 144. The Commission also question. For example, the D.C. Circuit permitted joint-ownership agreements affirmatively required costs of addressed this issue in a case that where the owners share the costs of the transmission facilities to be allocated to involved a proposal for Midwest ISO to new transmission facilities. beneficiaries in the absence of a recover administrative costs through a 142. The cost causation principle, voluntary arrangement in a series of charge that would apply to transmission however, is not limited to voluntary orders involving the Midwest loads subject to the Midwest ISO’s tariff arrangements. Indeed, if the Independent Transmission System rates: i.e., new wholesale loads and Commission were limited to allocating Operator, Inc. (Midwest ISO) and PJM unbundled retail loads, but not bundled costs only to beneficiaries that Interconnection, L.L.C. (PJM). retail loads and loads served pursuant to voluntarily accept those costs, then the Specifically, the Commission directed grandfathered contracts.158 Describing Commission could not fulfill its Midwest ISO and PJM to develop cost the core issue as whether the responsibilities under the FPA. If the allocation methods for new facilities in Commission’s orders comported with Commission could not address free rider one of their footprints that benefit the cost causation principle, the D.C. 156 problems associated with new entities in the other’s footprint. Circuit found that the Commission transmission investment, then it could Echoing precedent applying the cost reasonably allocated the administrative not ensure that transmission rates are causation principle, the Commission costs more broadly than Midwest ISO just and reasonable and not unduly proposed.159 After stating that the 153 The Commission has described the subject costs were the administrative discriminatory. The cost causation phenomenon of parallel path flow as follows: ‘‘In principle provides that costs should be general, utilities transact with one another based on costs of having an ISO, the D.C. Circuit allocated to those who cause them to be a contract path concept. For pricing purposes, found that the Commission correctly incurred and those that otherwise parties assume that power flows are confined to a determined that bundled and specified sequence of interconnected utilities that benefit from them, as the Commission are located on a designated contract path. However, grandfathered loads should share the also recognized in Order No. 890. In in reality power flows are rarely confined to a cost of having an ISO because they drew other words, the Commission may designated contract path. Rather, power flows over benefits from Midwest ISO.160 determine that an entity’s status as a multiple parallel paths that may be owned by 147. Thus, in applying the cost several utilities that are not on the contract path. beneficiary of a transmission facility The actual power flow is controlled by the laws of causation principle, the Commission identified through an appropriate physics which cause power being transmitted from may allocate costs of a transmission process is relevant for purposes of one utility to another to travel along multiple facility to a beneficiary identified applying the cost causation principle, parallel paths and divide itself along the lines of through an appropriate process, such as least resistance. This parallel path flow is even if that beneficiary has not entered sometimes called ‘loop flow.’ ’’ Indiana Michigan a Commission-approved transmission a voluntary arrangement with (e.g., as a Power Co. and Ohio Power Co., 64 FERC ¶ 61,184, planning process, even if that customer of) the public utility that is at 62,545 (1993). beneficiary has not entered a voluntary seeking to recover the costs of that 154 See, e.g., Amer. Elec. Power Svc. Corp., 49 arrangement with the public utility that FERC ¶ 61,377, at 62,381 (1989). facility. 155 Id. See also Southern California Edison Co., 70 157 143. The Commission has expressed a FERC ¶ 61,087, at 61,241–42 (1995). Midwest Indep. Transmission Sys. Operator, Inc., 113 FERC ¶ 61,194, at P 10 (2005). See also willingness to make such a 156 Midwest Indep. Transmission Sys. Operator, Midwest Indep. Transmission Sys. Operator, Inc., Inc., 109 FERC ¶ 61,168, at P 60 (2004) (citing determination. For example, when 122 FERC ¶ 61,084 (2008); Midwest Indep. Midwest Indep. Transmission Sys. Operator, Inc., Transmission Sys. Operator, Inc., 129 FERC ¶ 106 FERC ¶ 61,251, at P 56–57 (2004)). The 61,102 (2009). Transmission Owners); Alcoa Inc. v. FERC, 564 Commission noted that Midwest ISO and PJM had 158 F.3d 1342 (D.C. Cir. 2009); Sithe/Independence committed in a Joint Operating Agreement to Midwest ISO Transmission Owners, 373 F.3d Power Partners, L.P. v. FERC, 285 F.3d 1, 4–5 (D.C. develop such a method for allocating the costs of 1361. The D.C. Circuit stated that the subject costs Cir. 2002) (Sithe); 16 U.S.C. 824d). certain facilities through their joint regional ‘‘are primarily MISO’s startup expenses— 151 Order No. 890, FERC Stats. & Regs. ¶ 31,241 planning committee. Id. The Commission did not particularly those pertaining to the MISO Security at P 559. base the above-noted directive on the existence of Center—and certain expenses pertaining to the 152 The Commission notes that RTO or ISO the Joint Operating Agreement, which Midwest ISO creation and administration of MISO’s open access membership does not eliminate the need to satisfy and PJM developed in order to comply with a tariff.’’ Id. at 1369. the other aspects of the cost causation principle that previous Commission directive. See Alliance Cos., 159 Id. at 1370. are discussed above. 100 FERC ¶ 61,137, at P 48, 53 (2002). 160 Id. at 1370–71.

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is seeking to recover the costs of that flexibility with respect to transmission because it is difficult to reach an facility. After satisfying this standard pricing.164 allocation of costs that is perceived as with respect to beneficiary 150. Many of those changes have not fair. Some comments filed in response identification, the cost causation only continued but also accelerated in to the October 2009 Notice present these principle also requires the Commission recent years. For example, as types of concerns and state the resultant to ensure that the costs allocated to a commenters stated in response to the uncertainty regarding cost allocation beneficiary under a cost allocation October 2009 Notice, the further remains an impediment to development method are at least roughly expansion of regional power markets of needed transmission facilities. commensurate with the benefits that are has led to a growing need for new 153. The risk of the free rider expected to accrue to that entity.161 On transmission facilities that cross several problems associated with new this point, the D.C. Circuit has utility, RTO, ISO or other regions. The transmission investment that the explained that ‘‘the cost causation industry’s continuing transition from Commission described in Order No. 890 principle does not require exacting relatively localized trading to larger is also particularly high for projects that precision in a ratemaking agency’s regional power markets also results, affect multiple utilities’ transmission allocation decisions.’’ 162 among other effects, in broader diffusion systems and therefore may have of the benefits associated with multiple beneficiaries. With respect to 2. Need for Reform transmission upgrades and new such projects, any individual transmission facilities. beneficiary has an incentive to defer 148. The Commission’s responsibility 151. Similarly, the increasing investment in the hopes that other under FPA sections 205 and 206 to adoption of State resource policies, such beneficiaries will value the project ensure that transmission rates are just as renewable portfolio standard enough to fund its development. On one and reasonable and not unduly measures, has contributed to rapid hand, a cost allocation method that discriminatory or preferential is not growth of location-constrained relies exclusively on a participant new, nor is the Commission’s renewable energy resources that are funding approach, without respect to recognition of the cost causation frequently remote from load centers, as other beneficiaries of a transmission principle. However, the circumstances well as a growing need for new facility, increases this incentive and, in in which the Commission must fulfill its transmission facilities that cross several turn, the likelihood that needed statutory responsibilities change with utility and/or RTO or ISO regions. transmission facilities will not be developments in the electric industry, Transmission facilities that are needed constructed in a timely manner. On the such as changes with respect to the to comply with State renewable other hand, if costs are allocated to demands placed on the transmission portfolio standard measures illustrate entities that will receive no benefit from grid. the increasing potential for benefits a transmission facility, then those 149. The Commission has previously associated with meeting public policy- entities are more likely to oppose recognized changes in circumstances driven transmission needs. inclusion of the facility in a regional that warranted changes in the manner 152. More generally, as stated above, transmission plan or to otherwise challenges associated with allocating by which public utilities recover impose obstacles that delay or prevent the cost of transmission appear to have transmission costs. In the early 1990s, the facility’s construction. become more acute as the need for the Commission identified ‘‘dramatic 154. In light of these challenges and transmission infrastructure has grown. changes which the electric industry has recent developments affecting the As noted above, constructing new faced, and will face in the near term,’’ industry, the Commission is concerned transmission facilities requires a such as ‘‘increased reliance on market that existing cost allocation methods significant amount of capital. Therefore, forces to meet power supply needs; new may not appropriately account for a threshold consideration for any market entrants such as exempt benefits associated with new company considering investing in wholesale generators; a significant transmission facilities and, thus, may transmission is whether it will have a result in rates that are not just and number of utility mergers and reasonable opportunity to recover its combinations; more highly integrated reasonable or are unduly discriminatory costs. However, there are few rate or preferential. operation of various power pools; and structures in place today that provide substantial bulk power trading among both for analysis of the beneficiaries of C. Proposed Reforms electric systems,’’ as well as the initial a transmission facility that is proposed 155. The Commission proposes to filing of open access transmission to be located within a transmission amend its regulations to address the 163 tariffs. To account for those planning region that is outside of an concerns discussed above. developments and the industry’s RTO or ISO, or in more than one 156. First, we propose to more closely changing needs, the Commission issued transmission planning region, and for align transmission planning and cost a policy statement that increased corresponding allocation and recovery allocation processes. A transmission of the facility’s costs. The lack of such planning process includes a facility in a 161 Illinois Commerce Commission, 576 F.3d at rate structures creates significant risk for transmission plan in order to achieve a 476–77 (‘‘We do not suggest that the Commission has to calculate benefits to the last penny, or for transmission developers that they will specific purpose or purposes, such as to that matter to the last million or ten million or have no identified group of customers avoid an impending violation of a perhaps hundred million dollars.’’). See also from which to recover the cost of their Reliability Standard, reduce congestion Midwest ISO Transmission Owners, 373 F.3d 1361 investment. In addition, cost allocation and thereby increase access to lower- at 1369 (‘‘we have never required a ratemaking within RTO or ISO regions, particularly agency to allocate costs with exacting precision.’’); cost resources, or enable compliance Sithe, 285 F.3d 1 at 5. those that encompass several states, is with public policy requirements 162 Midwest ISO Transmission Owners, 373 F.3d often contentious and prone to litigation established by State or Federal laws or 1361 at 1371 (citing Sithe, 285 F.3d 1 at 5). regulations. Because such purposes 163 See Notice of Technical Conference and 164 Policy Statement in Inquiry Concerning the involve the identification of expected Request for Comments in Inquiry Concerning the Commission’s Pricing Policy for Transmission beneficiaries—either explicitly or Commission’s Pricing Policy for Transmission Services Provided by Public Utilities under the Services Provided by Public Utilities under the Federal Power Act, FERC Stats. & Regs., Regulations implicitly—establishing a closer link Federal Power Act, 58 FR 36400, at 36401 (1993). Preambles January 1991–June 1996 ¶ 31,005 (1994). between transmission planning and cost

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allocation will address in part the 159. Accordingly, the Commission principles set out in the following Commission’s concern that existing cost proposes to require that every public sections, one set of principles for allocation methods may not utility transmission provider have in intraregional facilities and another for appropriately account for benefits place a method, or set of methods, for interregional facilities. To reiterate, we associated with new transmission allocating the costs of new transmission propose that the cost allocation method facilities. facilities that are included in the or methods be applied to new 157. The Commission has previously transmission plan produced by the transmission facilities included in the suggested that transmission planning at transmission planning process in which transmission plan produced by the least on a regional basis is closely it participates. If the public utility transmission planning process in which related to cost allocation. As noted transmission provider is an RTO or ISO, the public utility transmission provider above, this premise underlies the then the method or methods would be participates. Commission’s establishment in Order required to be set forth in the RTO or 163. Finally, we note that under our No. 890 of a transmission planning ISO tariff. In other transmission proposals, public utility transmission principle on cost allocation for new planning regions, each public utility providers will have the first opportunity transmission facilities. In addition, the transmission provider located within to develop cost allocation methods for the region would be required to set forth Commission has explained that it may intraregional and interregional in its tariff the method or methods for be appropriate to have different cost transmission facilities in consultation cost allocation used in its transmission allocation methods for facilities that are with customers and other stakeholders. planning region. In the event that no agreement can be planned for different purposes or 160. An RTO or ISO or the public pursuant to different transmission reached, the Commission would use the utility transmission providers in a record in the relevant compliance filing planning processes. For example, the transmission planning region may have Commission distinguished between proceeding as a basis to develop a cost a single cost allocation method for all allocation method or methods that existing facilities in Midwest ISO and new transmission facilities or different PJM for which it found that license plate meets the Commission’s proposed methods for different types of facilities. requirements. rates are appropriate, and new facilities For example, cost allocation methods in those regions for which it approved may distinguish among facilities that are 1. Intraregional Cost Allocation 165 broader cost allocation methods. The driven by needs associated with Commission found it significant that 164. An intraregional transmission maintaining reliability, relieving facility is defined as a transmission Midwest ISO and PJM plan the congestion, and achieving public policy construction of new facilities based on facility located entirely within the requirements established by State or geographic boundaries of one each RTO’s independent transmission Federal laws or regulations, all of which planning process, which helps to ensure transmission planning region. As would be required to be considered in proposed here, each RTO or ISO on that new projects are necessary to meet the regional transmission planning the reliability and economic needs of behalf of its transmission owning process as explained elsewhere in this members, or the individual public each RTO’s system as a whole. The Proposed Rule. The Commission Commission also noted that Midwest utility transmission providers in a non- recognizes that several transmission RTO or ISO transmission planning ISO and PJM plan certain new facilities planning regions that have different cost pursuant to a joint RTO planning region, would be required to allocation methods by type of project demonstrate through a compliance filing process under a Joint Operating currently have transmission planning Agreement. By contrast, the that it has a cost allocation method or procedures and cost allocation methods methods that address cost recovery for Commission stated that decisions to that refer only to the first two categories build existing facilities within Midwest each new transmission facility included of transmission projects. The Proposed in its regional transmission plan and ISO and PJM were not made as part of Rule would permit a public utility any regional planning process.166 that satisfy the following principles: transmission provider or transmission (1) The cost of transmission facilities 158. The Commission recognizes that planning region to distinguish or not must be allocated to those within the identifying which types of benefits are distinguish among these three types of transmission planning region that relevant for cost allocation purposes, transmission facilities, as long as each of benefit from those facilities in a manner which entities are receiving those the three is considered in the that is at least roughly commensurate transmission planning process and there benefits, and the relative benefits that with estimated benefits.167 In is a means for allocating the costs of accrue to various beneficiaries can be determining the beneficiaries of each type of facility to beneficiaries. difficult and controversial. The transmission facilities, a regional Commission believes that a transparent 161. Second, we propose to require that each public utility transmission transmission planning process may transmission planning process is the consider benefits including, but not appropriate forum to address these provider within a transmission planning region develop a method for allocating limited to the extent to which issues. In addition, addressing these transmission facilities, individually or issues through the transmission the costs of a new interregional transmission facility between the two in the aggregate, provide for maintaining planning process would increase the reliability and sharing reserves, likelihood that facilities included in neighboring transmission planning regions in which the facility is located production cost savings and congestion transmission plans are actually relief, and/or meeting public policy constructed, rather than being included or among the beneficiaries in the two neighboring transmission planning in a transmission plan only to later 167 Illinois Commerce Commission, 576 F.3d at encounter cost allocation disputes that regions. 476–77 (‘‘We do not suggest that the Commission prevent their construction. 162. Third, to ensure that the cost has to calculate benefits to the last penny, or for allocation method or methods are just that matter to the last million or ten million or and reasonable and not unduly perhaps hundred million dollars.’’). See also 165 Amer. Elec. Power Serv. Corp. v. Midwest Midwest ISO Transmission Owners, 373 F.3d 1361 Indep. Transmission Sys. Operator, Inc., 122 FERC discriminatory or preferential, we at 1369 (‘‘we have never required a ratemaking ¶ 61,083, at P 13–24 (2008). propose to assess each cost allocation agency to allocate costs with exacting precision.’’); 166 Id. P 96. method based upon the cost allocation Sithe, 285 F.3d 1 at 5.

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requirements established by State or (6) A transmission planning region appropriate, provided that the method Federal laws or regulations that may may choose to use a different cost reflects an evaluation of beneficiaries drive transmission needs.168 allocation method for different types of and is adequately defined and (2) Those that receive no benefit from transmission facilities in the regional supported by the transmission planning transmission facilities, either at present plan, such as transmission facilities region. or in a likely future scenario, must not needed for reliability, congestion relief, 168. In addition, the principles be involuntarily allocated the costs of or to achieve public policy requirements proposed in this rulemaking do not those facilities. established by State or Federal laws or foreclose the opportunity for a (3) If a benefit to cost threshold is regulations. Each cost allocation method transmission developer or individual used to determine which facilities have must be set out clearly and explained in customer to voluntarily assume the sufficient net benefits to be included in detail in the compliance filing for this costs of a new transmission facility. In a regional transmission plan for the rule. other words, the proposed principles purpose of cost allocation, it must not 165. In proposing these principles, the would not prohibit voluntary be so high that facilities with significant Commission does not intend to participant funding. However, if a positive net benefits are excluded from prescribe a uniform approach to cost transmission developer believes that cost allocation. A transmission planning allocation for new intraregional others in the transmission planning region or public utility transmission transmission facilities. To the contrary, region may benefit from a new provider may want to choose such a we recognize that regional differences transmission facility and want to seek threshold to account for uncertainty in may warrant distinctions in cost broader cost allocation, then that the calculation of benefits and costs. If allocation methods among transmission developer must be permitted to propose adopted, such a threshold may not planning regions. Therefore, this its project in the regional transmission include a ratio of benefits to costs that Proposed Rule would allow the public planning process that will evaluate the exceeds 1.25 unless the transmission utility transmission providers in each project’s beneficiaries. If the facility is planning region or public utility transmission planning region to develop included in the regional transmission transmission provider justifies and the a transmission cost allocation method plan, the costs of that facility must be Commission approves a greater ratio. that best suits the needs of that eligible for allocation pursuant to the (4) The allocation method for the cost transmission planning region. Commission-approved method for of an intraregional facility must allocate 166. However, the Commission allocating the cost of a new transmission costs solely within that transmission proposes that, if the public utility facility in that plan.170 As stated above, planning region unless another entity transmission providers in a a cost allocation method that relies outside the region or another transmission planning region, in exclusively on a participant funding transmission planning region consultation with customers and other approach, without respect to other voluntarily agrees to assume a portion of stakeholders, cannot agree on a cost beneficiaries of a transmission facility, those costs.169 However, the allocation method for new intraregional exacerbates the free rider problem that transmission planning process in the transmission facilities that satisfies the Commission described in Order No. original region must identify these principles, the Commission would 890. Such a cost allocation method consequences for other transmission use the record in the relevant would not satisfy the proposed planning regions, such as upgrades that compliance filing proceeding as a basis principles. may be required in another region and, for applying these principles to develop 169. With regard to a new if there is an agreement for the original a cost allocation method that meets the transmission facility that is located region to bear costs associated with such Commission’s requirements. Consistent entirely within one transmission upgrades, then the original region’s cost with the Commission’s intention not to owner’s service territory, a transmission allocation method or methods must prescribe a uniform approach, this cost owner may not unilaterally invoke the include provisions for allocating the allocation method would not regional cost allocation method to costs of the upgrades among the entities necessarily be the same for every require the allocation of the costs of a in the original region. transmission planning region where the new transmission facility to other (5) The cost allocation method and public utility transmission providers are entities in its transmission planning data requirements for determining unable to agree on a cost allocation region. However, if the regional benefits and identifying beneficiaries for method that satisfies the principles. transmission planning process a transmission facility must be 167. The Commission recognizes that determines that a new facility located transparent with adequate several approaches to cost allocation solely within a transmission owner’s documentation to allow a stakeholder to may satisfy the proposed principles. For service territory would provide benefits determine how they were applied to a example, a postage stamp cost allocation to others in the region, allocating the proposed transmission facility. method may be appropriate where all facility’s costs according to that region’s customers within a specified intraregional cost allocation method 168 As discussed above, the Commission proposes transmission planning region are found would be permitted. to require each public utility transmission provider to benefit from the use or availability of to amend its OATT such that its local and regional a facility or class or group of facilities 2. Interregional Cost Allocation transmission planning processes explicitly provide for consideration of public policy requirements (e.g., all transmission facilities at 345 kV 170. An interregional transmission established by state or Federal laws or regulations or higher), especially if the distribution facility is one that in located within two that may drive transmission needs. of benefits associated with a class or or more transmission planning regions. 169 In addition, the Commission preliminarily group of facilities is likely to vary finds that this principle does not affect the cross- In the past, most transmission upgrades border cost allocation methods developed by PJM considerably over the long depreciation and the Midwest ISO in response to Commission life of the facilities amid changing 170 However, certain transmission developers may directives related to their intertwined configuration. power flows, fuel prices, population seek to participate in the regional transmission Midwest Indep. Transmission Sys. Operator, Inc., patterns, and local economic planning process only for coordination purposes 113 FERC ¶ 61,194, at P 10 (2005); Midwest Indep. (e.g., to perform a reliability check for a participant- Transmission Sys. Operator, Inc., 122 FERC ¶ developments. Similarly, other methods funded or merchant transmission project), in which 61,084 (2008); Midwest Indep. Transmission Sys. that propose cost allocation to a case the transmission plan would not include a cost Operator, Inc., 129 FERC ¶ 61,102 (2009). narrower class of beneficiaries may be allocation for such projects.

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were planned and constructed to meet 174. Each cost allocation method filed upgrades that may be required in a third the needs of customers within a given in accordance with this proposal would transmission planning region and, if transmission planning region. However, be required to comply with the there is an agreement among the new transmission facilities located following principles: transmission providers in the regions in within multiple transmission planning (1) The costs of a new interregional which the facility is located to bear regions are now being considered by facility must be allocated to each costs associated with such upgrades, transmission providers in various parts transmission planning region in which then the interregional cost allocation of the nation. For example, as discussed that facility is located in a manner that method must include provisions for above, development of renewable is at least roughly commensurate with allocating the costs of the upgrades energy resources is increasing rapidly, the estimated benefits of that facility in within the transmission planning in part in response to State renewable each of the transmission planning regions in which the facility is located. portfolio standard requirements. regions. In determining the beneficiaries (5) The cost allocation method and However, many of these resources are of interregional transmission facilities, data requirements for determining located far from load centers. New transmission planning regions may benefits and identifying beneficiaries for transmission facilities located within consider benefits including, but not an interregional facility must be multiple transmission planning regions limited to, those associated with transparent with adequate may be necessary to deliver the output maintaining reliability and sharing documentation to allow a stakeholder to of these renewable energy resources. reserves, production cost savings and determine how they were applied to a 171. There are few rate structures in congestion relief, and meeting public proposed transmission facility. place today that provide for the policy requirements established by State (6) The public utility transmission allocation and recovery of costs of or Federal laws or regulations that may providers located in neighboring interregional transmission facilities. We drive transmission needs.171 transmission planning regions may are concerned that the absence of clear (2) A transmission planning region choose to use a different cost allocation cost allocation rules for interregional that receives no benefit from an method for different types of transmission facilities could impede the interregional transmission facility that is interregional facilities, such as development of such facilities, because located in that region, either at present transmission facilities needed for of uncertainty regarding recovery of or in a likely future scenario, must not reliability, congestion relief, or to associated costs. In addition, the be involuntarily allocated any of the achieve public policy requirements combined size of the multiple costs of that facility.172 established by State or Federal laws or transmission planning regions in which (3) If a benefit-cost threshold ratio is regulations. Each cost allocation method an interregional facility would be used to determine whether an must be set out and explained in detail located may increase the potential for interregional transmission facility has in the compliance filing for this rule. both free ridership and the allocation of sufficient net benefits to qualify for 175. As with intraregional cost costs to those that receive no benefit interregional cost allocation, this ratio allocation, we are not proposing to from a facility. must not be so large as to exclude a require a uniform method of cost 172. Therefore, we propose to require facility with significant positive net allocation for interregional transmission that the public utility transmission benefits from cost allocation. The public facilities. There may be legitimate providers located in each pair of utility transmission providers located in reasons for the public utility neighboring transmission planning the neighboring transmission planning transmission providers located in regions develop a mutually agreeable regions may choose to use such a neighboring transmission planning method for allocating between the two threshold to account for uncertainty in regions to adopt different cost allocation transmission planning regions the costs the calculation of benefits and costs. If methods. The Commission recognizes of a new transmission facility that is adopted, such a threshold, may not that several approaches to cost located within both regions and that is include a ratio of benefits to costs that allocation may satisfy the proposed eligible for interregional cost recovery exceeds 1.25 unless the pair of regions principles.173 pursuant to the region’s interregional justifies and the Commission approves a 176. Therefore, we propose to allow transmission planning agreement higher ratio. methods for allocating the costs of new developed in accordance with the (4) Costs allocated for an interregional interregional facilities to differ among requirement proposed above. In an RTO facility must be assigned only to pairs of transmission planning regions, or ISO region, we propose that the transmission planning regions in which as long as each method satisfies the method must be filed to become a part the facility is located. Costs cannot be proposed interregional cost allocation of the relevant tariffs. In other assigned involuntarily under this rule to principles listed above. Moreover, the transmission planning regions, we a transmission planning region in which method used for allocating interregional propose that the cost allocation method that facility is not located. However, the transmission facility costs between any be filed as part of the OATT of each interregional planning process must two transmission planning regions may public utility transmission provider in identify consequences for other be different from the method used by the region. transmission planning regions, such as the public utility transmission providers 173. A group of three or more located in either of those transmission transmission planning regions within an 171 As discussed above, the Commission proposes planning regions to allocate the costs of interconnection—or all of the to require each public utility transmission provider new intraregional facilities. In addition, to amend its OATT such that its local and regional transmission planning regions within an the cost allocation method used by the interconnection—may agree on and file transmission planning processes explicitly provide for consideration of public policy requirements a common method for allocating the established by state or Federal laws or regulations 173 For the reasons discussed above with respect costs of a new interregional that may drive transmission needs. to cost allocation for intraregional transmission transmission facility. However, the 172 For example, a DC line that runs from a first facilities, a cost allocation method that relies Commission does not propose to require transmission planning region, through a second exclusively on a participant funding approach, transmission planning region, and into a third without respect to other beneficiaries of a such agreements among more than two transmission planning region, with no tap in the transmission facility, would not satisfy the neighboring transmission planning second region, may not provide any benefits to the proposed principles for interregional cost regions. second region. allocation.

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public utility transmission providers intraregional or interregional 180. The Commission would assess located in a transmission planning transmission facilities, the Commission whether each compliance filing satisfies region to allocate the costs of new asks commenters to submit and explain the proposed requirements and intraregional facilities could be different the need for those principles. principles stated above and issue from the cost allocation method by VI. Compliance Filings additional orders as necessary to ensure which the public utility transmission that each public utility transmission providers in the same transmission 179. The Commission proposes that provider meets the requirements of this planning region further allocate costs to each public utility transmission Proposed Rule. be borne by that transmission planning provider must comply with the 181. The Commission proposes that region pursuant to an agreed-upon requirements of this Proposed Rule. method for allocating the costs of With the exception of the proposed transmission providers that are not interregional facilities. requirements with respect to public utilities would have to adopt the 177. Similar to our proposal for interregional transmission planning requirements of this Proposed Rule as a intraregional transmission facilities, we agreements and an interregional cost condition of maintaining the status of propose that if the public utility allocation method or methods, the their safe harbor tariff or otherwise transmission providers in coordination Commission proposes to require each satisfying the reciprocity requirement of with their customers and other public utility transmission provider to Order No. 888.175 stakeholders in a pair of neighboring submit a compliance filing within six VII. Information Collection Statement transmission planning regions cannot months of the effective date of the final agree on a cost allocation method for rule in this proceeding revising its 182. The following collection of new interregional transmission facilities OATT or other document(s) subject to information contained in this Proposed that satisfies these principles, then the the Commission’s jurisdiction as Rule is subject to review by the Office Commission would use the record in the necessary to demonstrate that it meets of Management and Budget (OMB) relevant compliance filing proceedings the proposed requirements set forth in under section 3507(d) of the Paperwork as a basis for applying the principles to this Proposed Rule.174 The Commission Reduction Act of 1995.176 OMB’s develop an interregional cost allocation proposes to require each public utility regulations require approval of certain method that meets the Commission’s transmission provider to submit a information collection requirements requirements. Such a cost allocation compliance filing within one year of the imposed by agency rules.177 The method would not necessarily be the effective date of the final rule in this Commission solicits comments on the same for every pair of neighboring proceeding to demonstrate that it meets Commission’s need for this information, transmission planning regions that is the proposed requirements set forth in whether the information will have unable to agree on a cost allocation the Proposed Rule with respect to practical utility, the accuracy of the method that satisfies the principles. interregional transmission planning burden estimates, ways to enhance the 178. We seek comment on any issue agreements. The Commission proposes quality, utility and clarity of the of interest or concern related to the to require each public utility information to be collected or retained, requirements proposed in this section of transmission provider to submit a the Proposed Rule. In particular, we compliance filing within one year of the and any suggested methods for seek comment on the appropriateness effective date of the final rule in this minimizing respondents’ burden, and application of the proposed cost proceeding revising its OATT as including the use of automated allocation principles with respect to necessary to demonstrate that it meets information techniques. new intraregional and interregional the proposed requirements set forth in Burden Estimate: The estimated transmission facilities. If commenters this Proposed Rule with respect to an public reporting burdens for the believe that additional principles interregional cost allocation method or proposed reporting requirements are as should apply to cost allocation for either methods. follows:

Annual Total annual FERC–917—Proposed reporting requirements in number of Annual Total annual hours in RM10–23 respondents number of Hours per response hours in subsequent (Filers) responses year 1 years

Participation in a transparent and open 134 134 100 hrs. in Year 1; 50 13,400 6,700 intraregional transmission planning process hrs. in subsequent that meets transmission planning principles, in- years. cludes consideration of public policy require- ments, identifies and evaluates facilities to meet needs, develops cost allocation method, and produces an intraregional transmission plan that describes and incorporates a cost al- location method that meets the Commission’s principles.

174 See Appendix B for the proposed pro forma Attachment K consistent with this NOPR. 175 Order No. 888, FERC Stats. & Regs. ¶ 31,036 at 31,760–63. 176 44 U.S.C. 3507(d). 177 5 CFR 1320.11.

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Annual Total annual FERC–917—Proposed reporting requirements in number of Annual Total annual hours in RM10–23 respondents number of Hours per response hours in subsequent (Filers) responses year 1 years

Coordination, development, and filing with the 134 134 125 hrs. in Year 1; 50 16,750 6,700 Commission of interregional planning agree- hrs. in subsequent ments that meet the Commission’s require- years. ments, that include consideration of public pol- icy requirements, and that incorporate cost al- location methods that meets the Commission’s principles; provide or post ongoing commu- nications, and provide annual data exchange. Conforming tariff changes for local transmission 134 134 50 hrs. in Year 1; 25 6,700 3,350 planning, including those related to consider- hours in subsequent ation of public policy requirements; and con- years. forming tariff changes for intraregional and interregional planning.

Total Estimated Additional Burden Hours, ...... 36,850 16,750 Proposed for FERC–917 in NOPR in RM10–23.

Cost To Comply: The Commission has reforming electric transmission VIII. Environmental Analysis projected costs of compliance for the planning requirements and establishing 186. The Commission is required to reporting requirements as follows: a closer link between cost allocation and prepare an Environmental Assessment Year 1: $4,200,900 [36,850 hours × $114 regional transmission planning or an Environmental Impact Statement per hour 178] processes. for any action that may have a Subsequent Years: $1,909,500 [or 16,750 184. Internal Review: The significant adverse effect on the human × hours $114 per hour] Commission has reviewed the proposed environment.179 The Commission OMB’s regulations require it to approve changes and has determined that the concludes that neither an certain information collection changes are necessary. These Environmental Assessment nor an requirements imposed by an agency requirements conform to the Environmental Impact Statement is rule. The Commission is submitting Commission’s need for efficient required for this Proposed Rule under notification of this Proposed Rule to information collection, communication, section 380.4(a)(15) of the Commission’s OMB. The Commission proposes to and management within the energy regulations, which provides a make the reporting requirements industry. The Commission has assured categorical exemption for approval of mandatory. itself, by means of internal review, that actions under sections 205 and 206 of Title: FERC–917. there is specific, objective support the FPA relating to the filing of Action: Proposed Collection. associated with the information schedules containing all rates and OMB Control No. 1902–0233. requirements. charges for the transmission or sale of Respondents: Electric Utility electric energy subject to the Transmission Providers. RTOs and ISOs 185. Interested persons may obtain Commission’s jurisdiction, plus the also may file some materials on behalf information on the reporting classification, practices, contracts and of their members. requirements by contacting the regulations that affect rates, charges, Frequency of responses: Initial filing following: Federal Energy Regulatory classifications, and services.180 and subsequent filings. Commission, 888 First Street, NE., Necessity of the Information: Washington, DC 20426 [Attention: Ellen IX. Regulatory Flexibility Act Analysis 183. Building on the reforms in Order Brown, Office of the Executive Director, 187. The Regulatory Flexibility Act of No. 890, the Federal Energy Regulatory e-mail: [email protected], Phone: 1980 (RFA) 181 generally requires a Commission is proposing amendments (202) 502–8663, fax: (202) 273–0873. description and analysis of final rules to the pro forma OATT to correct certain For submitting comments concerning that will have significant economic deficiencies in transmission planning the collection of information and the impact on a substantial number of small and cost allocation requirements for associated burden estimate(s), please entities. This Proposed Rule applies to public utility transmission providers. send your comments to the contact public utilities that own, control or The purpose of this proposed listed above and to the Office of operate interstate transmission facilities rulemaking is to strengthen the pro Information and Regulatory Affairs, other than those that have received forma OATT, so that the transmission Office of Management and Budget, 725 waiver of the obligation to comply with grid can better support wholesale power 17th Street, NW., Washington, DC 20503 Order Nos. 888, 889 and 890. The total markets and ensure that Commission- [Attention: Desk Officer for the Federal estimated number of public utility jurisdictional services are provided at Energy Regulatory Commission, phone: transmission providers that, absent rates, terms and conditions that are just (202) 395–4638, fax: (202) 395–7285]. waiver, would have to modify their and reasonable and not unduly Due to security concerns, comments current OATTs by filing the revised pro discriminatory or preferential. We should be sent electronically to the propose to achieve this goal by following e-mail address: 179 Regulations Implementing the National [email protected]. Please Environmental Policy Act, Order No. 486, 52 FR 178 47897 (Dec. 17, 1987), FERC Stats. & Regs., The estimated cost of $114 an hour is the reference OMB Control No. 1902–0233 average of the hourly costs of: attorney ($200), Regulations Preambles 1986–1990 ¶ 30,783 (1987). consultant ($150), technical ($80), and and the docket number of this proposed 180 18 CFR 380.4(a)(15). administrative support ($25). rulemaking in your submission. 181 5 U.S.C. 601–612.

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forma OATT is 134. Of these public XI. Document Availability § 35.28 Non-discriminatory open access utility transmission providers, an transmission tariff. 192. In addition to publishing the full estimated 10 filers, or 7.3% percent, * * * * * text of this document in the Federal have output of four million MWh or less (c) Non-discriminatory open access Register, the Commission provides all per year.182 The Commission does not transmission tariffs. interested persons an opportunity to consider this a substantial number and, (1) Every public utility that owns, view and/or print the contents of this in any event, each of these entities controls, or operates facilities used for document via the Internet through retains its rights to waiver of these the transmission of electric energy in FERC’s Home Page (http://www.ferc.gov) requirements. The criteria for waiver interstate commerce must have on file and in FERC’s Public Reference Room that would be applied under this with the Commission a tariff of general during normal business hours (8:30 a.m. rulemaking for small entities is applicability for transmission services, to 5 p.m. Eastern time) at 888 First unchanged from that used to evaluate including ancillary services, over such Street, NE., Room 2A, Washington, DC requests for waiver under Order Nos. facilities. Such tariff must be the open 20426. 888, 889 and 890. Accordingly, the access pro forma tariff contained in Commission certifies that the proposed 193. From FERC’s Home Page on the Order No. 888, FERC Stats. & Regs. rule will not have a significant Internet, this information is available on ¶ 31,036 (Final Rule on Open Access economic impact on a substantial eLibrary. The full text of this document and Stranded Costs), as revised by the number of small entities. is available on eLibrary in PDF and open access pro forma tariff contained Microsoft Word format for viewing, in Order No. 890, FERC Stats. & Regs. X. Comment Procedures printing, and/or downloading. To access ¶ 31,241 (Final Rule on Open Access 188. The Commission invites this document in eLibrary, type the Reforms) and further revised in Order ______interested persons to submit comments docket number excluding the last three No. , FERC Stats. & Regs. ¶ (Final on the matters and issues proposed in digits of this document in the docket Rule on Transmission Planning and this notice to be adopted, including any number field. Cost Allocation by Transmission related matters or alternative proposals 194. User assistance is available for Owning and Operating Public Utilities), that commenters may wish to discuss. eLibrary and the FERC’s web site during or such other open access tariff as may Comments are due 60 days from normal business hours from FERC be approved by the Commission publication in the Federal Register. Online Support at 202–502–6652 (toll consistent with Order No. 888, FERC Comments must refer to Docket No. free at 1–866–208–3676) or e-mail at Stats. & Regs ¶ 31,306, Order No. 890, [email protected], or the FERC Stats. & Regs. ¶ 32,241, and Order RM10–23–000, and must include the ______commenter’s name, the organization Public Reference Room at (202) 502– No. , FERC Stats. & Regs. ¶ . they represent, if applicable, and their 8371, TTY (202) 502–8659. E-mail the (i) Subject to the exceptions in address in their comments. Public Reference Room at paragraphs (c)(1)(ii), (c)(1)(iii), (c)(1)(iv) 189. The Commission encourages [email protected]. and (c)(1)(v) of this section, the pro forma tariff contained in Order No. 888, comments to be filed electronically via List of Subjects in 18 CFR Part 35 FERC Stats. & Regs. ¶ 31,036, as revised the eFiling link on the Commission’s by the open access pro forma tariff Web site at http://www.ferc.gov. The Electric power rates, Electric utilities, contained in Order No. 890, FERC Stats. Commission accepts most standard Reporting and recordkeeping & Regs. ¶ 31,241 and further revised in word processing formats. Documents requirements. Order No. ___, FERC Stats. & Regs. ¶ ___, created electronically using word By direction of the Commission. and accompanying rates, must be filed processing software should be filed in Commissioner Moeller is concurring with a no later than 60 days prior to the date native applications or print-to-PDF separate statement attached. on which a public utility would engage format and not in a scanned format. Nathaniel J. Davis, Sr., in a sale of electric energy at wholesale Commenters filing electronically do not Deputy Secretary. in interstate commerce or in the need to make a paper filing. In consideration of the foregoing, the transmission of electric energy in 190. Commenters that are not able to Commission proposes to amend part 35, interstate commerce. file comments electronically must send Chapter I, Title 18, Code of Federal (ii) If a public utility owns, controls, an original and 14 copies of their Regulations, as follows: or operates facilities used for the comments to: Federal Energy Regulatory transmission of electric energy in Commission, Office of the Secretary, PART 35—FILING OF RATE interstate commerce as of [60 days after 888 First Street, NE., Washington, DC SCHEDULES AND TARIFFS date of publication of the Final Rule in 20426. the Federal Register], it must file the 1. The authority citation for part 35 191. All comments will be placed in revisions to the pro forma tariff continues to read as follows: the Commission’s public files and may contained in Order No. 890, FERC Stats. be viewed, printed, or downloaded Authority: 16 U.S.C. 791a–825r, 2601– & Regs. ¶ 31,241, as amended by Order remotely as described in the Document 2645; 31 U.S.C. 9701; 42 U.S.C. 71–7352. No.___, FERC Stats. & Regs. ¶ ___, Availability section below. Commenters pursuant to section 206 of the FPA and on this proposal are not required to 2. Amend § 35.28 as follows: a. Paragraph (c)(1) introductory text accompanying rates pursuant to section serve copies of their comments on other 205 of the FPA in accordance with the commenters. and (c)(1)(i) through (c)(1)(iii) are revised. procedures set forth in Order No. 890, FERC Stats. & Regs. ¶ 31,241 and Order 182 A firm is ‘‘small’’ if, including its affiliates, it b. Paragraph (c)(1)(vi) is revised. No. ___, FERC Stats. & Regs ¶ ___. is primarily engaged in the generation, c. Paragraphs (c)(3) introductory text, transmission, and/or distribution of electric energy (iii) If a public utility owns, controls, for sale and its total electric output for the (c)(3)(i), and (c)(3)(ii) are revised. or operates transmission facilities used preceding fiscal year did not exceed 4 million d. Paragraph (c)(4) is revised. for the transmission of electric energy in megawatt hours. Based on the filers of the annual e. Paragraph (d) (1) is revised. FERC Form 1 and Form 1–F, as well as the number interstate commerce as of [60 days after of companies that have obtained waivers, we f. Paragraph (e)(1) introductory text, is date of publication of the Final Rule in estimate that 7.3% of the filers are ‘‘small.’’ revised. the Federal Register], such facilities are

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jointly owned with a non-public utility, (i) For any power pool, public utility ¶ 31,036, Order No. 890, FERC Stats. & and the joint ownership contract holding company or other multi-lateral Regs. ¶ 31,241, and Order No. ___, FERC prohibits transmission service over the arrangement or agreement that contains Stats. & Regs. ¶ ___. facilities to third parties, the public transmission rates, terms or conditions (i) Subject to paragraph (c)(4)(ii) of utility with respect to access over the and that is executed after [60 days after this section, a Commission-approved public utility’s share of the jointly date of publication of the Final Rule in ISO or RTO must file the revisions to owned facilities must file the revisions the Federal Register], this requirement the pro forma tariff contained in Order to the pro forma tariff contained in is effective on the date that transactions No. 890, FERC Stats. & Regs. ¶ 31,241 Order No. 890, FERC Stats. & Regs. begin under the arrangement or as amended by Order No. ___, FERC ¶ 31,241 as amended by Order No. ___, agreement. Stats. & Regs. ¶ ___, pursuant to section FERC Stats. & Regs. ¶ ___, pursuant to (ii) For any power pool, public utility 206 of the FPA and accompanying rates section 206 of the FPA and holding company or other multi-lateral pursuant to section 205 of the FPA in accompanying rates pursuant to section arrangement or agreement that contains accordance with the procedures set 205 of the FPA. transmission rates, terms or conditions forth in Order No. 890, FERC Stats. & and that is executed on or before [60 ___ * * * * * Regs. ¶ 31,241 and Order No. , FERC days after date of publication of the Stats. & Regs. ¶ ___. (vi) Any public utility that seeks a Final Rule in the Federal Register], a deviation from the pro forma tariff public utility member of such power (ii) If a Commission-approved ISO or contained in Order No. 888, FERC Stats. pool, public utility holding company or RTO can demonstrate that its existing & Regs. ¶ 31,036, as revised in Order No. other multi-lateral arrangement or open access tariff is consistent with or 890, FERC Stats. & Regs. ¶ 31,241 and agreement that owns, controls, or superior to the revisions to the pro Order No. ___, FERC Stats. & Regs. ¶ ___, operates facilities used for the forma tariff contained in Order No. 888, must demonstrate that the deviation is transmission of electric energy in FERC Stats. & Regs. ¶ 31,036, as revised by the pro forma tariff in Order No. 890, consistent with the principles of Order interstate commerce must file the FERC Stats. & Regs. ¶ 31,241 and further No. 888, FERC Stats. & Regs. ¶ 31,036, revisions to its joint pool-wide or revised in Order No. ___, FERC Stats. & Order No. 890, FERC Stats. & Regs. system-wide open access transmission Regs. ¶ ___, or any portions thereof, the ¶ 31,241, and Order No. ___, FERC Stats. tariff consistent with Order No. 890, Commission-approved ISO or RTO may & Regs. ¶ ___. FERC Stats. & Regs. ¶ 31,241 as amended by Order No.___, FERC Stats. instead set forth such demonstration in * * * * * & Regs. ¶ ___, pursuant to section 206 its filing pursuant to section 206 in (3) Every public utility that owns, of the FPA and accompanying rates accordance with the procedures set controls, or operates facilities used for pursuant to section 205 of the FPA in forth in Order No., FERC Stats. & Regs. ___ the transmission of electric energy in accordance with the procedures set ¶ . interstate commerce, and that is a forth in Order No. 890, FERC Stats. & (d) Waivers. *** member of a power pool, public utility Regs. ¶ 31,241 and Order No. ___, FERC (1) No later than [60 days after date of holding company, or other multi-lateral Stats. & Regs ¶ ___. publication of the Final Rule in the trading arrangement or agreement that * * * * * Federal Register], or contains transmission rates, terms or (4) Consistent with paragraph (c)(1) of * * * * * conditions, must have on file a joint this section, every Commission- (e) Non-public utility procedures for pool-wide or system-wide open access approved ISO or RTO must have on file tariff reciprocity compliance. transmission tariff, which tariff must be with the Commission a tariff of general the pro forma tariff contained in Order applicability for transmission services, (1) A non-public utility may submit a No. 888, FERC Stats. & Regs. ¶ 31,036, including ancillary services, over such transmission tariff and a request for as revised by the pro forma tariff facilities. Such tariff must be the pro declaratory order that its voluntary contained in Order No. 890, FERC Stats. forma tariff contained in Order No. 888, transmission tariff meets the & Regs. ¶ 31,241 and further revised in FERC Stats. & Regs. ¶ 31,036, as revised requirements of Order No. 888, FERC Order No. ___, FERC Stats. & Regs. ¶ ___, by the pro forma tariff contained in Stats. & Regs. ¶ 31,036, Order No. 890, or such other open access tariff as may FERC Stats. & Regs. ¶ 31,241, and Order Order No. 890, FERC Stats. & Regs. ¶ ______be approved by the Commission 31,241 and further revised in Order No. No. , FERC Stats. & Regs. ¶ . consistent with Order No. 888, FERC ___, FERC Stats. & Regs. ¶ ___, or such * * * * * Stats. & Regs. ¶ 31,036, Order No. 890, other open access tariff as may be Note: The following appendices will not be FERC Stats. & Regs. ¶ 31,241, and Order approved by the Commission consistent published in the Code of Federal No. ___, FERC Stats. & Regs. ¶ ___. with Order No. 888, FERC Stats. & Reg. Regulations.

APPENDIX A—LIST OF SHORT NAMES OF COMMENTERS ON THE FEDERAL ENERGY REGULATORY COMMISSION’S NOTICE OF REQUEST FOR COMMENTS ON TRANSMISSION PLANNING PROCESSES UNDER ORDER NO. 890—DOCKET NO. AD09–8–000, OCTOBER 2009

Short name or acronym Commenter

3M ...... 3M Company, High Capacity Conductors. AEP ...... American Electric Power Service Corporation. Alabama PSC ...... Alabama Public Service Commission. Allegheny Companies ...... Allegheny Power and Trans-Allegheny Interstate Line Company. Ameren ...... Ameren Services Company. American Antitrust Institute ...... American Antitrust Institute. American Forest and Paper ...... American Forest & Paper Association. American Transmission ...... American Transmission Company LLC. APPA ...... American Public Power Association. AREVA T&D ...... AREVA T&D Inc.

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APPENDIX A—LIST OF SHORT NAMES OF COMMENTERS ON THE FEDERAL ENERGY REGULATORY COMMISSION’S NOTICE OF REQUEST FOR COMMENTS ON TRANSMISSION PLANNING PROCESSES UNDER ORDER NO. 890—DOCKET NO. AD09–8–000, OCTOBER 2009—Continued

Short name or acronym Commenter

AWEA ...... American Wind Energy Association. Baltimore Gas and Electric ...... Baltimore Gas and Electric Company. Barbara Luchsinger ...... Barbara Luchsinger. Bay Area Municipal Transmission Group ...... City of Santa Clara, California; the City of Palo Alto, California; and the City of Alameda, California. Bonneville ...... Bonneville Power Administration. BP Energy ...... BP Energy Company. The Brattle Group ...... Peter Fox-Penner, Johannes Pfeifenberger, and Delphine Hou. California ISO ...... California Independent System Operator Corporation. Californians for Renewable Energy ...... Californians for Renewable Energy, Inc. California PUC ...... California Public Utilities Commission. California State Water Project ...... California Department of Water Resources State Water Project. Calvin Daniels ...... Calvin Daniels. Chinook and Zephyr ...... Chinook Power Transmission, LLC and Zephyr Power Transmission, LLC. Clean Line ...... Clean Line Energy Partners, LLC. Coalition To Advance Renewable Energy Through Bulk Energy Storage Coalition To Advance Renewable Energy Through Bulk Energy Stor- age. ColumbiaGrid ...... ColumbiaGrid. Consolidated Edison, et al...... Consolidated Edison Company of New York, Inc. and Orange and Rockland Utilities, Inc. Dayton Power and Light ...... Dayton Power and Light Company. Delaware Municipal and Southwestern Electric ...... Delaware Municipal Electric Corporation, Inc. and Southwestern Elec- tric Cooperative, Inc. Dominion ...... Dominion Resources Services, Inc. Duke ...... Duke Energy Corporation. Eastern Interconnection Planning Collaborative Analysis Team ...... Eastern Interconnection Planning Collaborative Analysis Team. Eastern PJM Governors ...... Governors of New Jersey, Delaware, Maryland, and Virginia. EEI ...... Edison Electric Institute. Electricity Consumers Resource Council ...... Electricity Consumers Resource Council. ENE (Environment Northeast) ...... ENE Environment Northeast. Energy Future Coalition ...... Energy Future Coalition. Entergy ...... Entergy Services, Inc. E.ON ...... E.ON U.S. LLC. E.ON Climate & Renewables North America ...... E.ON Climate & Renewables North America. EPSA ...... Electric Power Supply Association. Exelon ...... Exelon Corporation. Federal Trade Commission ...... Federal Trade Commission. FirstEnergy ...... FirstEnergy Affiliates. Florida Transmission Providers ...... Florida Power & Light, Progress Energy Florida, Tampa Electric Com- pany, and JEA. Georgia Transmission Corporation ...... Georgia Transmission Corporation. Great River Energy ...... Great River Energy. Green Energy Express ...... Green Energy Express, LLC. Illinois Commission ...... Illinois Commerce Commission. Imperial Irrigation District ...... Imperial Irrigation District (CA). Independent Power Producers Coalition-West ...... Independent Power Producers Coalition-West. Indicated Partners ...... Green Energy Express LLC; Transmission Technology Solutions LLC; SouthWestern Power Group II, LLC; Nevada Hydro Company; LS Power Transmission, LLC; and Pattern Transmission LP. Integrys, et al...... Wisconsin Public Service Corporation, Upper Peninsula Power Com- pany, and Integrys Energy Services, Inc. ISO New England ...... ISO New England Inc. ITC Holdings ...... ITC Holdings Corp. Kelson Companies ...... Cottonwood Energy Company LP; Dogwood Energy LLC; and Mag- nolia Energy LP. Large Public Power Council ...... Austin Energy; Chelan County Public Utility District No. 1; Clark Public Utilities; Colorado Springs Utilities; CPS Energy (San Antonio); IID Energy; JEA (Jacksonville, FL); Long Island Power Authority; Lower Colorado River Authority; MEAG Power; Nebraska Public Power Dis- trict; New York Power Authority; Omaha Public Power District; Or- lando Utilities Commission; Platte River Power Authority; Puerto Rico Electric Power Authority; Sacramento Municipal Utility District; Salt River Project; Santee Cooper; Seattle City Light; Snohomish County Public Utility District No. 1; and Tacoma Public Utilities. Long Island Power Authority, et al...... Long Island Power Authority, Consolidated Edison Company of New York, Inc., and Orange and Rockland Utilities, Inc. Lorraine Fleming ...... Lorraine Fleming. LS Power ...... LS Power Transmission, LLC.

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APPENDIX A—LIST OF SHORT NAMES OF COMMENTERS ON THE FEDERAL ENERGY REGULATORY COMMISSION’S NOTICE OF REQUEST FOR COMMENTS ON TRANSMISSION PLANNING PROCESSES UNDER ORDER NO. 890—DOCKET NO. AD09–8–000, OCTOBER 2009—Continued

Short name or acronym Commenter

Maine PUC and Public Advocate ...... Maine Public Utilities Commission and the Maine Office of the Public Advocate. Massachusetts Attorney General ...... Massachusetts Attorney General. Massachusetts Departments ...... Massachusetts Department of Public Utilities and Massachusetts De- partment of Energy Resources. MEAG Power ...... MEAG Power. MidAmerican ...... MidAmerican Energy Holdings Company. Midwest ISO ...... Midwest Independent Transmission System Operator, Inc. Midwest ISO Transmission Owners ...... Ameren Services Company (as agent for Union Electric Company, Central Illinois Public Service Company, Central Illinois Light Co., and Illinois Power Company); City of Columbia Water and Light De- partment (Columbia, MO); City Water, Light & Power (Springfield, IL); Great River Energy; Hoosier Energy Rural Electric Cooperative, Inc.; Indiana Municipal Power Agency; Indianapolis Power & Light Company; (Minnesota Power (and its subsidiary Superior Water, L&P); Montana-Dakota Utilities Co.; Northern Indiana Public Service Company; Northern States Power Company (Minnesota and Wis- consin corporations); Northwestern Wisconsin Electric Company; Otter Tail Power Company; Southern Illinois Power Cooperative; Southern Indiana Gas & Electric Company; Southern Minnesota Mu- nicipal Power Agency; Wabash Valley Power Association, Inc.; and Wolverine Power Supply Cooperative, Inc. Modesto Irrigation District ...... Modesto Irrigation District. NARUC ...... National Association of Regulatory Utility Commissioners. National Audubon Society, et al...... National Audubon Society; Conservation Law Foundation; Energy Fu- ture Coalition; ENE (Environment Northeast); Environmental Defense Fund; Natural Resources Defense Council; Piedmont Environmental Council; Sierra Club; Sustainable FERC Project; and Union of Con- cerned Scientists. National Grid ...... National Grid USA. National Nuclear Security Administration Service Center ...... National Nuclear Security Administration Service Center in Albu- querque, New Mexico. National Rural Electric Coops ...... National Rural Electric Cooperative Association. NationalWind ...... NationalWind. NEPOOL Participants ...... New England Power Pool Participants Committee. Nevada Hydro ...... Nevada Hydro Company, Inc. New England Clean Energy Council ...... New England Clean Energy Council. New England States’ Committee on Electricity ...... New England States’ Committee on Electricity. New Jersey Board ...... New Jersey Board of Public Utilities. New York ISO ...... New York Independent System Operator, Inc. New York PSC ...... New York State Public Service Commission. NextEra ...... NextEra Energy Resources, LLC. Northeast Utilities ...... Northeast Utilities Service Company. Northern Tier Transmission Group ...... Northern Tier Transmission Group. Northwest State Commissions and Consumer Counsel ...... Idaho Public Utilities Commission, Montana Consumer Counsel, Mon- tana Public Service Commission, Public Utility Commission of Or- egon, Utah Public Service Commission, and Wyoming Public Service Commission. NRG ...... NRG Energy, Inc. Ohio Commission ...... Public Utilities Commission of Ohio. Old Dominion ...... Old Dominion Electric Cooperative. Organization of MISO States ...... Organization of MISO States. Pacific Gas and Electric ...... Pacific Gas and Electric Company. Pattern Transmission ...... Pattern Transmission LP. Peter C. Luchsinger M.D...... Peter C. Luchsinger M.D. PHI Companies ...... Pepco Holdings, Inc.; Potomac Electric and Power Company; Del- marva Power & Light Company; and Atlantic City Electric Company. Pioneer Transmission ...... Pioneer Transmission, LLC. PJM ...... PJM Interconnection, LLC. PPL ...... PPL Electric Utilities Corporation. Progress Energy ...... Progress Energy, Inc. PSEG Companies ...... Public Service Electric and Gas Company; PSEG Power LLC; PSEG Energy Resources & Trade LLC.

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APPENDIX A—LIST OF SHORT NAMES OF COMMENTERS ON THE FEDERAL ENERGY REGULATORY COMMISSION’S NOTICE OF REQUEST FOR COMMENTS ON TRANSMISSION PLANNING PROCESSES UNDER ORDER NO. 890—DOCKET NO. AD09–8–000, OCTOBER 2009—Continued

Short name or acronym Commenter

Public Interest Organizations & Renewable Energy Groups ...... Alliance for Clean Energy New York; American Wind Energy Associa- tion; Center for Energy Efficiency & Renewable Technologies; Citi- zens Utility Board of Wisconsin; Conservation Law Foundation; Envi- ronmental Defense Fund; Environmental Law & Policy Center; Fresh Energy; National Audubon Society; Natural Resources Defense Council; Northeast Energy Efficiency Partnerships; Northwest Energy Coalition; Office of the Ohio Consumers’ Counsel; Pace Energy and Climate Center; Piedmont Environmental Council; Project for Sus- tainable FERC Energy Policy; Sierra Club; Southern Alliance for Clean Energy; Union of Concerned Scientists; Western Grid Group; and Wind on the Wires. Public Power Council ...... Public Power Council. Renewable Energy Systems Americas ...... Renewable Energy Systems Americas Inc. RRI Energy ...... RRI Energy, Inc. Salt River Project ...... Salt River Project Agricultural Improvement and Power District. San Diego Gas & Electric ...... San Diego Gas & Electric Company. Solar Energy Industries ...... Solar Energy Industries Association. South Carolina Electric & Gas ...... South Carolina Electric & Gas Company. Southern California Edison ...... Southern California Edison Company. Southern Companies ...... Southern Company Services, Inc. SPP ...... Southwest Power Pool, Inc. Startrans ...... Startrans IO, LLC. Starwood ...... Starwood Energy Group Global, LLC. State Representative Sloan ...... State Representative Tom Sloan. Sunflower and Mid-Kansas ...... Sunflower Electric Power Corporation and Mid-Kansas Electric Com- pany, LLC. Trans-Elect ...... Trans-Elect Development Company, LLC. Transmission Access Policy Study Group ...... Transmission Access Policy Study Group. Transmission Agency of Northern California ...... Transmission Agency of Northern California. Transmission Dependent Utility Systems ...... Arkansas Electric Cooperative Corporation, Golden Spread Electric Co- operative, Inc., Kansas Electric Power Cooperative, Inc., North Caro- lina Electric Membership Corporation, Old Dominion Electric Cooper- ative, and Seminole Electric Cooperative, Inc. Upper Great Plains Transmission Coalition ...... Upper Great Plains Transmission Coalition. WECC ...... Western Electricity Coordinating Council. WestConnect Planning Parties ...... Arizona Public Service Company, Basin Electric Power Cooperative, Black Hills Corporation, El Paso Electric Company, Imperial Irrigation District, NV Energy, Public Service Company of Colorado, Public Service Company of New Mexico, Sacramento Municipal Utility Dis- trict, Salt River Project Agricultural Improvement and Power District, Southwest Transmission Cooperative, Inc., Transmission Agency of Northern California, Tri-State Generation and Transmission Associa- tion, Inc., Tucson Electric Power Company. WIRES ...... Working Group for Investment in Reliable and Economic Electric Sys- tems. Xcel ...... Xcel Energy Services Inc.

Appendix B: Pro Forma Open Access provided as an attachment to the with the Final Rule in Docket No. RM05–25– Transmission Tariff Transmission Provider’s Tariff. 000. The Transmission Provider’s planning The description of the Transmission Attachment K process shall satisfy the following nine Provider’s planning process must include Transmission Planning Process principles, as defined in the Final Rule in sufficient detail to enable Transmission Docket No. RM05–25–000: Coordination, Customers to understand: Local Transmission Planning openness, transparency, information (i) The process for consulting with The Transmission Provider shall establish exchange, comparability, dispute resolution, customers and neighboring transmission providers; a coordinated, open and transparent planning regional participation, economic planning (ii) The notice procedures and anticipated process with its Network and Firm Point-to- studies, and cost allocation for new projects. frequency of meetings; Point Transmission Customers and other The planning process shall also include the interested parties to ensure that the (iii) The methodology, criteria, and procedures and mechanisms for evaluating processes used to develop a transmission Transmission System is planned to meet the transmission projects proposed to achieve plan; needs of both the Transmission Provider and public policy requirements established by (iv) The method of disclosure of criteria, its Network and Firm Point-to-Point State or Federal laws or regulations assumptions and data underlying a Transmission Customers on a comparable consistent with the Final Rule in Docket No. transmission plan; and not unduly discriminatory basis. The RM10–23–000. The planning process shall (v) The obligations of and methods for Transmission Provider’s coordinated, open also provide a mechanism for the recovery Transmission Customers to submit data to and transparent planning process shall be and allocation of planning costs consistent the Transmission Provider;

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(vi) The dispute resolution process; (iii) The methodology, criteria, and transmission planning regions the costs of a (vii) The Transmission Provider’s study processes used to develop a transmission new interregional transmission facility that is procedures for economic upgrades to address plan; located within both transmission planning congestion or the integration of new (iv) The method of disclosure of criteria, regions. Such cost allocation method or resources; assumptions and data underlying methods must satisfy the six principles set (viii) The Transmission Provider’s transmission plan; forth in the final rule in Docket No. RM10– procedures and mechanisms for evaluating (v) The obligations of and methods for 23–000. transmission projects proposed to achieve transmission customers to submit data; United States of America Federal Energy public policy requirements established by (vi) The dispute resolution process; Regulatory Commission State or Federal laws or regulations; and (vii) The study procedures for economic (ix) The relevant cost allocation method or upgrades to address congestion or the Transmission Planning and Cost Allocation methods. integration of new resources; by Transmission Owning and Operating (viii) The procedures and mechanisms for Public Utilities Intraregional Transmission Planning evaluating transmission projects proposed to Docket No. RM10–23–000 The Transmission Provider shall achieve public policy requirements participate in a regional transmission established by State or Federal laws or Issued June 17, 2010. planning process through which regulations; and MOELLER, Commissioner, concurring: transmission facilities and non-transmission (ix) The relevant cost allocation method or As I have repeatedly stressed in my years solutions may be proposed and evaluated. methods. on this Commission, promoting investment The regional transmission planning process The regional transmission planning in our nation’s transmission infrastructure also shall develop a regional transmission process must include a cost allocation has been my top policy priority.1 Robust plan that identifies the transmission facilities method or methods that satisfy the six electric transmission infrastructure is the necessary to meet the needs of transmission principles set forth in the final rule in Docket ultimate ‘‘enabling’’ energy technology, as it providers and transmission customers in the No. RM10–23–000. can provide a more efficient electric system, transmission planning region. The regional enhanced reliability, increased access to less transmission planning process must not be Interregional Transmission Planning expensive and often cleaner resources, and unduly discriminatory and must be The Transmission Provider, through its the ability to harness location-constrained consistent with the provision of Commission- regional transmission planning process, must renewable resources. Conversely, the lack of jurisdictional services at rates, terms and coordinate with the public utility adequate transmission investments often conditions that are just and reasonable, as transmission providers in each neighboring disproportionately raises consumer rates due described in the Final Rule in Docket No. transmission planning region within its to congestion, threatens the reliability of the RM10–23–000. The regional transmission interconnection to address transmission nation’s bulk power system, and increases planning process shall be described in an planning issues related to interregional reliance on older and dirtier generating attachment to the Transmission Provider’s transmission facilities. This coordination resources. Tariff. between each pair of transmission planning While I am not certain that every policy in The Transmission Provider’s regional regions must be reflected in an interregional this proposed rule will ultimately be transmission planning process shall satisfy transmission planning agreement filed with adopted, I am certain that building needed the following seven principles, as set out and the Commission. The interregional transmission lines is often the lowest-cost explained in the Final Rule in Docket No. transmission planning agreement must way to improve the delivery of electricity RM05–25–000: coordination, openness, include a detailed description of the process service. Although the Commission could transparency, information exchange, for coordination between public utility have addressed regional cost allocation comparability, dispute resolution, and transmission providers in neighboring several years ago when it first became economic planning studies. The regional transmission planning regions (i) With apparent that the organized markets were not transmission planning process shall also respect to each interregional transmission reaching consensus on the issue, that wait is include the procedures and mechanisms for facility that is proposed to be located in both over and the Commission is now considering evaluating transmission projects proposed to transmission planning regions and (ii) to specific proposals to resolve cost allocation. achieve public policy requirements identify possible interregional transmission Given that the U.S. Congress is examining established by State or Federal laws or facilities that could address transmission cost allocation at this time, our issuance of regulations consistent with the Final Rule in needs more efficiently than separate this proposed rule comes at a potentially Docket No. RM10–23–000. The regional intraregional transmission facilities. sensitive time. While Congress is now transmission planning process shall provide The Transmission Provider must ensure considering several measures that deal a mechanism for the recovery and allocation that the following elements are included in directly with issues addressed in this of planning costs consistent with the Final any interregional transmission planning proposed rule, I expect that this Commission Rule in Docket No. RM05–25–000. agreement in which it participates: will defer to the legislative branch as we Nothing in the regional transmission (1) A commitment to coordinate and share move forward in our deliberations. This planning process shall include an unduly the results of each transmission planning proposed rule, and the comments to follow, discriminatory process for transmission region’s regional transmission plans to will provide the Congress with the project submission and selection. The identify possible interregional facilities that regional transmission planning process shall could address transmission needs more 1 NSTAR Elec. Co., 125 FERC ¶ 61,313 (2008) provide on a not unduly discriminatory basis efficiently than separate intraregional (Moeller, Comm’r, dissenting in part) (‘‘* * * the for the sponsor of a facility that is selected facilities; Commission should do what it can to encourage through the regional transmission planning (2) An agreement to exchange at least capital investment in needed transmission process for inclusion in the regional annually planning data and information; infrastructure projects.’’); Commonwealth Edison transmission plan to have a right, consistent (3) A formal procedure to identify and Co. and Commonwealth Edison Co. of Indiana, 125 FERC ¶ 61,250 (2008) (Moeller, Comm’r, dissenting) with State or local laws or regulations, to jointly evaluate transmission facilities that (‘‘* * * now is not the time for this Commission to construct and own that facility and to recover are proposed to be located in both discourage investment in needed transmission the cost of that facility through the applicable transmission planning regions; and infrastructure.’’); New York Indep. Sys. Operator, regional cost allocation method. (4) A commitment to maintain a website or Inc., 129 FERC ¶ 61,045 (2009) (Moeller, Comm’r, The description of the regional e-mail list for the communication of dissenting) (‘‘The main issue here is whether transmission planning process must include information related to the coordinated needed transmission is being built * * * I have sufficient detail to enable Transmission planning process. encouraged investment in transmission ’’ Customers to understand: The Transmission Provider must work infrastructure * * * ); Southern California Edison Co., 129 FERC ¶ 61,013 (2009) (Moeller, Comm’r, (i) The process for consulting with with transmission providers located in dissenting in part) (‘‘The transmission that is customers; neighboring transmission planning regions to needed in this nation will not be built unless the (ii) The notice procedures and anticipated develop a mutually agreeable method or companies that build it can attract adequate frequency of meetings; methods for allocating between the two investment dollars.’’)

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framework of the issues that we consider building a transmission project if the Staff’s efforts here have resulted in a relevant and the opportunity for Congress to incumbent utility retains the right of first proposal that will lead to a much needed provide further guidance to us. Thus, our refusal.2 While initial rulings have been conversation on how to best encourage action today is not intended to interfere with rendered in these cases, the generic issue is needed capital investment. This will not be that process, but rather to add helpful ready for further discussion in this an easy matter to address when it comes information and evidence that will be useful rulemaking. before the Commission for a vote on the final in the formation of Federal legislation. Resolving controversial issues is rarely Also controversial will be the question of easy and I expect today’s proposed rule to be rule, and for that reason this Commission whether incumbent utilities should retain both lauded and criticized. The changes should carefully consider the comments that rights of first refusal that were created under proposed here are significant, but the future we will receive. I will do my part to ensure the Commission’s jurisdiction. Alas, the success of the organized markets and the that this Commission does not lose sight of question of whether transmission developers nation’s electric transmission system depend the ultimate goal: A final rule that results in can compete on par with an incumbent on resolving these long-debated and needed capital investment. transmission-owning utility is no longer controversial issues. D. Moeller, theoretical. In recent cases, the Commission Commissioner. has been confronted with particular 2 Primary Power, LLC, 131 FERC ¶ 61,015 (2010) [FR Doc. 2010–15735 Filed 6–29–10; 8:45 am] situations where competitors could be (reh’g pending) and Cent. Transmission, LLC v. PJM discouraged (or altogether blocked) from Interconnection L.L.C., 131 FERC ¶ 61,243 (2010). BILLING CODE P

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Part III

Department of Agriculture Forest Service 36 CFR Part 242 Department of the Interior Fish and Wildlife Service 50 CFR Part 100

Subsistence Management Regulations for Public Lands in Alaska—2010–11 and 2011–12 Subsistence Taking of Wildlife Regulations; Subsistence Taking of Fish on the Yukon River Regulations; Final Rule

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DEPARTMENT OF AGRICULTURE 1011 East Tudor Road, Mail Stop 121, • Alaska Regional Director, U.S. Fish Anchorage, Alaska 99503, or on the and Wildlife Service; Forest Service Office of Subsistence Management Web • Alaska Regional Director, U.S. site (http://alaska.fws.gov/asm/ National Park Service; 36 CFR Part 242 index.cfml). • Alaska State Director, U.S. Bureau FOR FURTHER INFORMATION CONTACT: of Land Management; DEPARTMENT OF THE INTERIOR Chair, Federal Subsistence Board, c/o • Alaska Regional Director, U.S. U.S. Fish and Wildlife Service, Bureau of Indian Affairs; and Fish and Wildlife Service Attention: Peter J. Probasco, Office of • Alaska Regional Forester, U.S. Subsistence Management; (907) 786– Forest Service. 50 CFR Part 100 3888 or [email protected]. For Through the Board, these agencies [Docket No. FWS–R7–SM–2009–0001; questions specific to National Forest participate in the development of 70101–1261–0000L6] System lands, contact Steve Kessler, regulations for subparts A, B, and C, Subsistence Program Leader, USDA, RIN 1018–AW30 which set forth the basic program, and Forest Service, Alaska Region, (907) they continue to work together on Subsistence Management Regulations 743–9461 or [email protected]. regularly revising the subpart D for Public Lands in Alaska—2010–11 SUPPLEMENTARY INFORMATION: regulations, which, among other things, and 2011–12 Subsistence Taking of Background set forth specific harvest seasons and Wildlife Regulations; Subsistence limits. Under Title VIII of the Alaska Taking of Fish on the Yukon River Federal Subsistence Regional Advisory Regulations National Interest Lands Conservation Act (ANILCA) (16 U.S.C. 3111–3126), Councils AGENCIES: Forest Service, Agriculture; the Secretary of the Interior and the In administration of the Program, Fish and Wildlife Service, Interior. Secretary of Agriculture (Secretaries) Alaska is divided into 10 subsistence ACTION: Final rule. jointly implement the Federal resource regions, each of which is Subsistence Management Program represented by a Regional Advisory SUMMARY: This final rule establishes (Program). This Program grants a Council. The Regional Advisory regulations for seasons, harvest limits, preference for subsistence uses of fish Councils provide a forum for rural methods, and means related to taking of and wildlife resources on Federal public residents with personal knowledge of wildlife for subsistence uses in Alaska lands and waters in Alaska. The local conditions and resources to have during the 2010–11 and 2011–12 Secretaries first published regulations to a meaningful role in the subsistence regulatory years. The Federal carry out this program in the Federal management of fish and wildlife on Register on May 29, 1992 (57 FR 22940). Subsistence Board (Board) completes Federal public lands in Alaska. The These regulations have subsequently the biennial process of revising Regional Advisory Council members been amended several times. Because subsistence hunting and trapping represent diverse geographical, cultural, this Program is a joint effort between regulations in even-numbered years and and user interests within each region. subsistence fishing and shellfish Interior and Agriculture, these regulations are located in two titles of The Board addresses customary and regulations in odd-numbered years; traditional use determinations during public proposal and review processes the Code of Federal Regulations (CFR): Title 36, ‘‘Parks, Forests, and Public the applicable biennial cycle. Section take place during the preceding year. __.24 (customary and traditional use The Board also addresses customary and Property,’’ and Title 50, ‘‘Wildlife and Fisheries,’’ at 36 CFR 242.1–28 and 50 determinations) was originally traditional use determinations during published in the Federal Register on the applicable biennial cycle. This CFR 100.1–28, respectively. The regulations contain subparts as follows: May 29, 1992 (57 FR 22940). The rulemaking replaces the wildlife taking regulations at 36 CFR 242.4 and 50 CFR regulations that expire on June 30, 2010. Subpart A, General Provisions; Subpart B, Program Structure; Subpart C, Board 100.4 define ‘‘customary and traditional This rule also revises customary and use’’ as ‘‘a long-established, consistent traditional use determinations and the Determinations; and Subpart D, Subsistence Taking of Fish and Wildlife. pattern of use, incorporating beliefs and regulations defining size limitations for customs which have been transmitted gillnet mesh used for harvesting salmon Federal Subsistence Board from generation to generation* * * .’’ in the Yukon River drainage. Consistent with subpart B of these Since 1992, the Board has made a __ __ DATES: Sections .24(a)(1), .25 and regulations, the Secretaries established a number of customary and traditional __ .26 are effective July 1, 2010. Section Federal Subsistence Board to administer use determinations at the request of __ .27(i)(3)(xiii)(A) is effective April 1, the Federal Subsistence Management affected subsistence users. Those 2011, through March 31, 2011. Program. The Board comprises: modifications, along with some ADDRESSES: The Board meeting • Chair, appointed by the Secretary of administrative corrections, were transcripts are available for review at the Interior with concurrence of the published in the Federal Register as the Office of Subsistence Management, Secretary of Agriculture; follows:

MODIFICATIONS TO § __.24.

Federal Register citation Date of publication: Rule made changes to the following provisions of __.24:

59 FR 27462 ...... May 27, 1994 ...... Wildlife and Fish/Shellfish. 59 FR 51855 ...... October 13, 1994 ...... Wildlife and Fish/Shellfish. 60 FR 10317 ...... February 24, 1995 ...... Wildlife and Fish/Shellfish. 61 FR 39698 ...... July 30, 1996 ...... Wildlife and Fish/Shellfish. 62 FR 29016 ...... May 29, 1997 ...... Wildlife and Fish/Shellfish. 63 FR 35332 ...... June 29, 1998 ...... Wildlife and Fish/Shellfish.

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MODIFICATIONS TO § __.24.—Continued

Federal Register citation Date of publication: Rule made changes to the following provisions of __.24:

63 FR 46148 ...... August 28, 1998 ...... Wildlife and Fish/Shellfish. 64 FR 1276 ...... January 8, 1999 ...... Fish/Shellfish. 64 FR 35776 ...... July 1, 1999 ...... Wildlife. 65 FR 40730 ...... June 30, 2000 ...... Wildlife. 66 FR 10142 ...... February 13, 2001 ...... Fish/Shellfish. 66 FR 33744 ...... June 25, 2001 ...... Wildlife. 67 FR 5890 ...... February 7, 2002 ...... Fish/Shellfish. 67 FR 43710 ...... June 28, 2002 ...... Wildlife. 68 FR 7276 ...... February 12, 2003 ...... Fish/Shellfish.

Note: The Board met May 20–22, 2003, but did not make any additional customary and traditional use determinations.

69 FR 5018 ...... February 3, 2004 ...... Fish/Shellfish. 69 FR 40174 ...... July 1, 2004 ...... Wildlife. 70 FR 13377 ...... March 21, 2005 ...... Fish/Shellfish. 70 FR 36268 ...... June 22, 2005 ...... Wildlife. 71 FR 15569 ...... March 29, 2006 ...... Fish/Shellfish. 71 FR 37642 ...... June 30, 2006 ...... Wildlife. 72 FR 12676 ...... March 16, 2007 ...... Fish/Shellfish.

Note: The Board met December 11–13, 2007, but did not make any additional customary and traditional use determinations.

72 FR 73426 ...... December 27, 2007 ...... Wildlife/Fish. 73 FR 35726 ...... June 26, 2008 ...... Wildlife. 74 FR 14049 ...... March 30, 2009 ...... Fish/Shellfish.

Current Rule for Wildlife public comments. The public received Current Rule for Fish extensive opportunity to review and The Departments published a comment on all changes. In section The Departments published a proposed rule on May 15, 2009 (74 FR ___.24(a)(1) corrections to the spelling of proposed rule on April 17, 2008 (73 FR 22867), to amend the wildlife sections certain village names and an updated 20887), to amend the fish and shellfish of subparts C and D of 36 CFR part 242 format have been made, resulting in a sections of subparts C and D of 36 CFR and 50 CFR part 100. The proposed rule more readable document. part 242 and 50 CFR part 100. The opened a comment period, which closed Of the 107 proposals, 38 were on the proposed rule opened a comment on November 5, 2009. The Departments Board’s regular agenda and 69 were on period, which closed on June 30, 2008. advertised the proposed rule by mail, the consensus agenda. The consensus During February and March 2008, the radio, and newspaper. During that agenda is made up of proposals for Regional Advisory Councils met and period, the Regional Councils met and, which there is agreement among the received suggestions for proposals from in addition to other Regional Council affected Subsistence Regional Advisory the public. The Board received a total of business, received suggestions for Councils, a majority of the Interagency 15 proposals for changes to subparts C proposals from the public. The Board Staff Committee voting members, and and D. After the comment period closed, received a total of 107 proposals for the Alaska Department of Fish and the Board prepared a booklet describing changes to subparts C and D. After the Game concerning a proposed regulatory the proposals and distributed it to the comment period closed, the Board action. Anyone may request that the public. The proposals were also prepared a booklet describing the Board remove a proposal from the available online. The public then had an proposals and distributed it to the consensus agenda and place it on the additional 30 days in which to comment public. The proposals were also non-consensus agenda. The Board votes on the proposals for changes to the available online. The public then had an en masse on the consensus agenda after regulations. additional 30 days in which to comment deliberation and action on all other The 10 Regional Advisory Councils on the proposals for changes to the proposals. Of the proposals on the met again, received public comments, regulations. consensus agenda, the Board adopted and formulated their recommendations The 10 Regional Advisory Councils 16, adopted 15 with modification, to the Board on proposals for their met again, received public comments, rejected 29, deferred 6, and took no respective regions. The Regional and formulated their recommendations action on 3. Analysis and justification Councils had a substantial role in to the Board on proposals for their for the action taken on each proposal on reviewing the proposed rule and making respective regions. The Regional the consensus agenda are available for recommendations for the final rule. The Advisory Councils had a substantial role review at the Office of Subsistence Board met on January 13–15, 2009. in reviewing the proposed rule and Management, 1011 East Tudor Road, During that meeting, the Board decided making recommendations for the final Mail Stop 121, Anchorage, Alaska to further defer two proposals for the rule. Moreover, a Council Chair, or a 99503, or on the Office of Subsistence Yukon River that had initially been designated representative, presented Management Web site (http:// deferred in July 2008 to a point in time each Council’s recommendations at the alaska.fws.gov/asm/index.cfml). Of the not to exceed April 2009. The new Board meeting on May 18–20, 2010. proposals on the regular agenda, the deferment would not go beyond April These final regulations reflect Board Board adopted 11, adopted 14 with 2010. This action allowed more time to review and consideration of Regional modification, rejected 6, deferred 5, and gather additional evidence on the Advisory Council recommendations and took no action on 2. proposals, address the Board’s concern

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regarding unnecessary restrictions on would be detrimental to the satisfaction proposals. Modifications were suggested subsistence users, and allowed time for of subsistence needs for some users. by the affected Regional Council(s), the Alaska Board of Fisheries to This action was contrary to the Council developed during the analysis process, consider similar action. After public recommendation. or developed during the Board’s public notice, the Board met again on April 13, The Board deferred a proposal to deliberations. All of the adopted 2010, and addressed these two increase the harvest limit for brown proposals were recommended for proposals. The Board adopted one with bears in Unit 25. This action was taken adoption by at least one of the Regional modification and took no action on the to allow a workgroup time to develop Councils unless noted below. second. conservation plans, and then to address this proposal and provide Statewide Summary of Non-Consensus Proposals recommendations that could align The Board adopted four proposals Rejected or Deferred by the Board Federal and State regulations. This which do not affect wildlife The Board rejected, deferred, or took deferral would not extend past the next populations, but clarify existing no action on 14 non-consensus wildlife cycle. The Board’s intent is to regulations or simplify regulations by proposals. The rejected proposals were take action on this proposal when the use of delegation of authority letters. recommended for rejection by one or workgroup completes its Southeast Alaska more of the Regional Councils unless recommendation. noted below. The Board deferred a proposal to The Board adopted two proposals, The Board continued to defer a increase the harvest limit for black bears one with modification to delegate in- proposal, submitted in 2008, to remove in Unit 25. This action was taken to season management authority for unit-specific regulations related to the allow time for an ongoing study to wildlife on a species-by-species basis, statewide sale of brown bear handicrafts address black bear population density in by letter, to the same managers as made of skin, hide, pelt, or fur and then the area. The Board will address this presently identified in regulation. This limit the sale of brown bear handicrafts action following completion of the action simplifies current regulations. made of claws, bones, teeth, sinew, or study. The Board adopted a proposal to close skulls to occur only between Federally The Board rejected a proposal to marten trapping in the Kuiu Island qualified subsistence users. This rescind the delegated authority given to portion of Unit 3 based on conservation deferment will allow the Federal-State a field office manager and to decrease concerns. The season will reopen for workgroup, which includes Regional the harvest limit for caribou in Unit 13. Federally qualified users on July 1, Advisory Council representatives, to This proposal would have been 2012. complete its work. unnecessarily restrictive to subsistence The Board adopted a proposal to The Board rejected a proposal to users and would remove management recognize customary and traditional restrict the taking of deer in parts of flexibility to address conservation uses of moose for residents of Units 1, Unit 4 to residents of Hoonah based on concerns. 2, 3, 4, and 5 in Unit 1C based on the concerns that it would be detrimental to The Board rejected a proposal to eight factors for determining customary the satisfaction of rural subsistence adjust the harvest limit and shorten the and traditional use, and took no action needs and it was not supported by season for moose in Unit 13. This on a similar proposal based on this substantial evidence since measures are proposal would have been action. already in place that address the unnecessarily restrictive to subsistence The Board adopted a proposal with concerns during the deer population users. modification to shorten the wolverine recovery. This action was contrary to The Board deferred a proposal to trapping season in five units based on the Council recommendation. establish a joint Federal-State hunt for conservation concerns. The Board took no action on a Chisana caribou in Unit 12. This action Southcentral Alaska proposal for moose in Unit 13E based on was taken to allow time for the final a request from the proponent to management plan to be completed for The Board adopted two proposals to withdraw the proposal. the Chisana caribou herd, as well as to recognize customary and traditional The Board rejected a proposal to add address concerns that were raised by the uses of caribou and moose for residents black bears to the species list for public during review of the proposal. of Hope and Sunrise in Unit 7 based on furbearers in Units 12, 20, and 25. This The Board deferred a proposal to the eight factors for determining proposal was found to violate recognize customary and traditional customary and traditional use, and recognized principles of wildlife uses of moose for Unit 19A residents of established a caribou season by Federal conservation. This action was contrary Aniak, Chuathbaluk, Kalskag, and registration permit to allow opportunity to one of the two Council Lower Kalskag in a portion Unit 21E to for subsistence users. recommendations. allow a workgroup to be established to The Board adopted a proposal to The Board rejected a proposal that address subsistence users’ concerns. independently manage the wolverine would have required that moose meat The Board took no action on a trapping and lynx seasons in Unit 11 remain on the bone until the meat was proposal that would have reduced the based on its benefit to subsistence users removed from the field in Unit 25. This depth of gillnets used to harvest salmon and a stable wolverine population. proposal was found unnecessarily in the Yukon River drainage based on a Yukon-Kuskokwim Delta restrictive and therefore detrimental to lack of substantial evidence. This action the satisfaction of subsistence needs. was different than one of the four The Board adopted a proposal with This action was contrary to the Council Council recommendations; that modification, to limit the pool of recommendation. Council’s recommendation was to eligible users for moose on the The Board rejected a proposal to oppose the proposal. Kuskokwim River segment of Unit 18, exclude residents of Fort Greely from based on an ANILCA 804 analysis. the customary and traditional use Summary of Non-Consensus Proposals The Board adopted a proposal with determinations for caribou and moose Adopted by the Board modification to increase the harvest based on concerns that it was not The Board adopted or adopted with limit and length of season for moose in supported by substantial evidence and modification 36 non-consensus Unit 18, thereby providing additional

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opportunity for subsistence users in the Preserve. This action was requested by regulatory control could affect the lower Yukon areas of Unit 18. This subsistence users and is not likely to be continued viability of fish or wildlife action was based on a healthy moose detrimental to the satisfaction of populations and future subsistence population. subsistence needs. opportunities for rural Alaskans, and The Board adopted a proposal with would generally fail to serve the overall Multi-Region modification to allow the take of moose public interest. Therefore, the Board from a boat under power in a portion of The Board adopted a proposal with finds good cause pursuant to 5 U.S.C. Unit 18 based on current practices of modification to increase the length of 553(d)(3) to make this rule effective subsistence users in that area. the winter season and to require a upon the date set forth in DATES to Federal permit for moose in Unit 21E. Western Interior ensure continued operation of the This action provides additional harvest subsistence program. The Board adopted a proposal with opportunity for subsistence users. modification to adjust the harvest National Environmental Policy Act seasons and limits for moose in Unit Yukon River Compliance 24B to provide opportunity for The Board adopted a proposal with subsistence users and to align with modification to limit the size of gillnet A Draft Environmental Impact Alaska Board of Game action. stretch mesh used to harvest salmon in Statement (DEIS) for developing a The Board adopted a proposal to shift the Yukon River drainage. This action Federal Subsistence Management the season for moose and align Federal was based on conservation concerns and Program was distributed for public and State seasons in portions of Units will become effective in 2011 to match comment on October 7, 1991. That 21D, 24C, and 24D and to establish ‘‘to a phase-in period adopted by the Alaska document described the major issues be announced’’ seasons to allow Board of Fisheries. This action was associated with Federal subsistence additional opportunity for subsistence contrary to two of the four Council management as identified through users while addressing conservation recommendations. public meetings, written comments, and concerns. These final regulations reflect Board staff analyses and examined the review and consideration of Regional environmental consequences of four Seward Peninsula Council recommendations and public alternatives. Proposed regulations The Board adopted a proposal with comments. Because this rule concerns (subparts A, B, and C) that would modification to lift the closure to public lands managed by an agency or implement the preferred alternative harvest coyotes in Unit 22. This allows agencies in both the Departments of were included in the DEIS as an individuals the opportunity to hunt and Agriculture and the Interior, identical appendix. The DEIS and the proposed trap under State regulations. text will be incorporated into 36 CFR administrative regulations presented a The Board adopted a proposal to part 242 and 50 CFR part 100. framework for a regulatory cycle include Unit 22 in the existing regarding subsistence hunting and Conformance with Statutory and regulations that allow the use of brown fishing regulations (subpart D). The Regulatory Authorities bear parts to make handicrafts for sale. Final Environmental Impact Statement This allows for increased utilization of Administrative Procedure Act (FEIS) was published on February 28, brown bears harvested by subsistence Compliance 1992. users. The Board adopted a proposal to The Board has provided extensive Based on the public comments allow the harvest of up to three musk opportunity for public input and received, the analysis contained in the oxen and one moose during regularly involvement in compliance with FEIS, and the recommendations of the established seasons in Unit 22E for the Administrative Procedure Act Federal Subsistence Board and the Kingikmiut Dance Festival based on its requirements, including publishing a Department of the Interior’s Subsistence benefit to subsistence users. proposed rule in the Federal Register, Policy Group, the Secretary of the The Board adopted a proposal with participation in multiple Regional Interior, with the concurrence of the modification to lengthen the season for Council meetings, additional public Secretary of Agriculture, through the moose in Unit 22A to provide additional review and comment on all proposals U.S. Department of Agriculture-Forest harvest opportunity for subsistence for regulatory change, and opportunity Service, implemented Alternative IV as users. for additional public comment during identified in the DEIS and FEIS (Record the Board meeting prior to deliberation. of Decision on Subsistence Management Eastern Interior Additionally, an administrative for Federal Public Lands in Alaska The Board adopted a proposal to mechanism exists (and has been used by (ROD), signed April 6, 1992). The DEIS lengthen the moose season in Unit 25C the public) to request reconsideration of and the selected alternative in the FEIS to match the seasons in adjoining units. the Board’s decision on any particular defined the administrative framework of This provides additional harvest proposal for regulatory change (36 CFR a regulatory cycle for subsistence opportunity to subsistence users. 242.20 and 50 CFR 100.20). Therefore, hunting and fishing regulations. The The Board adopted a proposal with the Board believes that sufficient public final rule for subsistence management modification to lengthen the season for notice and opportunity for involvement regulations for public lands in Alaska, moose in Unit 25D; this action provides have been given to affected persons subparts A, B, and C, implemented the additional harvest opportunity for regarding Board decisions. Federal Subsistence Management subsistence users. In the more than 20 years the Program Program and included a framework for The Board adopted a proposal to has been operating, no benefit to the a regulatory cycle for the subsistence decrease the harvest limit and adjust the public has been demonstrated by taking of wildlife and fish. The season for wolves in Unit 20C, that delaying the effective date of the following Federal Register documents portion within Denali National Park and subsistence regulations. A lapse in pertain to this rulemaking:

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SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA, SUBPARTS A, B, AND C: FEDERAL REGISTER DOCUMENTS PERTAINING TO THE FINAL RULE

Federal Register citation Date of publication Category Details

57 FR 22940 ...... May 29, 1992 ...... Final Rule ...... ‘‘Subsistence Management Regulations for Public Lands in Alaska; Final Rule’’ was published in the Federal Register. 64 FR 1276 ...... January 8, 1999 ...... Final Rule ...... Amended the regulations to include subsistence activities oc- curring on inland navigable waters in which the United States has a reserved water right and to identify specific Federal land units where reserved water rights exist. Ex- tended the Federal Subsistence Board’s management to all Federal lands selected under the Alaska Native Claims Set- tlement Act and the Alaska Statehood Act and situated within the boundaries of a Conservation System Unit, Na- tional Recreation Area, National Conservation Area, or any new national forest or forest addition, until conveyed to the State of Alaska or to an Alaska Native Corporation. Speci- fied and clarified the Secretaries’ authority to determine when hunting, fishing, or trapping activities taking place in Alaska off the public lands interfere with the subsistence priority. 66 FR 31533 ...... June 12, 2001 ...... Interim Rule ...... Expanded the authority that the Board may delegate to agen- cy field officials and clarified the procedures for enacting emergency or temporary restrictions, closures, or openings. 67 FR 30559 ...... May 7, 2002 ...... Final Rule ...... Amended the operating regulations in response to comments on the June 12, 2001, interim rule. Also corrected some in- advertent errors and oversights of previous rules. 68 FR 7703 ...... February 18, 2003 ...... Direct Final Rule ...... Clarified how old a person must be to receive certain subsist- ence use permits and removed the requirement that Re- gional Councils must have an odd number of members. 68 FR 23035 ...... April 30, 2003 ...... Affirmation of Direct Because no adverse comments were received on the direct Final Rule. final rule (67 FR 30559), the direct final rule was adopted. 69 FR 60957 ...... October 14, 2004 ...... Final Rule ...... Clarified the membership qualifications for Regional Advisory Council membership and relocated the definition of ‘‘regu- latory year’’ from subpart A to subpart D of the regulations. 70 FR 76400 ...... December 27, 2005 ...... Final Rule ...... Revised jurisdiction in marine waters and clarified jurisdiction relative to military lands. 71 FR 49997 ...... August 24, 2006 ...... Final Rule ...... Revised the jurisdiction of the subsistence program by adding submerged lands and waters in the area of Makhnati Is- land, near Sitka, AK. This allowed subsistence users to harvest marine resources in this area under seasons, har- vest limits, and methods specified in the regulations. 72 FR 25688 ...... May 7, 2007 ...... Final Rule ...... Revised nonrural determinations.

An environmental assessment was 810 analysis determination appeared in (OMB) control number. This proposed prepared in 1997 on the expansion of the April 6, 1992, ROD and concluded rule does not contain any new Federal jurisdiction over fisheries and is that the Program, under Alternative IV collections of information that require available from the office listed under with an annual process for setting OMB approval. OMB has reviewed and FOR FURTHER INFORMATION CONTACT. The subsistence regulations, may have some approved the following collections of Secretary of the Interior with the local impacts on subsistence uses, but information associated with the concurrence of the Secretary of will not likely restrict subsistence uses subsistence regulations at 36 CFR part Agriculture determined that the significantly. 242 and 50 CFR part 100: Subsistence expansion of Federal jurisdiction did During the subsequent environmental hunting and fishing applications, not constitute a major Federal action assessment process for extending permits, and reports, Federal significantly affecting the human fisheries jurisdiction, an evaluation of Subsistence Regional Advisory Council environment and, therefore, signed a the effects of this rule was conducted in Membership Application/Nomination Finding of No Significant Impact. accordance with section 810. That and Interview Forms (OMB Control No. evaluation also supported the 1018–0075 expires January 31, 2013). Section 810 of ANILCA Secretaries’ determination that the rule Regulatory Planning and Review An ANILCA Section 810 analysis was will not reach the ‘‘may significantly (Executive Order 12866) completed as part of the FEIS process on restrict’’ threshold that would require the Federal Subsistence Management notice and hearings under ANILCA The Office of Management and Budget Program. The intent of all Federal section 810(a). (OMB) has determined that this rule is subsistence regulations is to accord not significant and has not reviewed subsistence uses of fish and wildlife on Paperwork Reduction Act this rule under Executive Order 12866. public lands a priority over the taking An agency may not conduct or OMB bases its determination upon the of fish and wildlife on such lands for sponsor and you are not required to following four criteria: other purposes, unless restriction is respond to a collection of information (a) Whether the rule will have an necessary to conserve healthy fish and unless it displays a currently valid annual effect of $100 million or more on wildlife populations. The final section Office of Management and Budget the economy or adversely affect an

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economic sector, productivity, jobs, the Unfunded Mandates Reform Act Management, Alaska Regional Office, environment, or other units of the The Secretaries have determined and U.S. Fish and Wildlife Service, government. certify pursuant to the Unfunded Anchorage, Alaska. Additional (b) Whether the rule will create Mandates Reform Act, 2 U.S.C. 1502 et assistance was provided by inconsistencies with other agencies’ seq., that this rulemaking will not • Daniel Sharp, Alaska State Office, actions. impose a cost of $100 million or more Bureau of Land Management; (c) Whether the rule will materially in any given year on local or State • Sandy Rabinowitch and Nancy affect entitlements, grants, user fees, governments or private entities. The Swanton, Alaska Regional Office, loan programs, or the rights and implementation of this rule is by National Park Service; obligations of their recipients. Federal agencies and there is no cost • Dr. Glenn Chen and Patricia (d) Whether the rule raises novel legal imposed on any State or local entities or Petrivelli, Alaska Regional Office, or policy issues. tribal governments. Bureau of Indian Affairs; Regulatory Flexibility Act • Executive Order 12988 Jerry Berg, Alaska Regional Office, U.S. Fish and Wildlife Service; and The Regulatory Flexibility Act of 1980 The Secretaries have determined that (5 U.S.C. 601 et seq.) requires • Steve Kessler, Alaska Regional these regulations meet the applicable Office, U.S. Forest Service. preparation of flexibility analyses for standards provided in Sections 3(a) and rules that will have a significant effect 3(b)(2) of Executive Order 12988, List of Subjects on a substantial number of small regarding civil justice reform. entities, which include small 36 CFR Part 242 businesses, organizations, or Executive Order 13132 Administrative practice and governmental jurisdictions. In general, In accordance with Executive Order procedure, Alaska, Fish, National the resources to be harvested under this 13132, the rule does not have sufficient forests, Public lands, Reporting and rule are already being harvested and Federalism implications to warrant the recordkeeping requirements, Wildlife. consumed by the local harvester and do preparation of a Federalism Assessment. not result in an additional dollar benefit Title VIII of ANILCA precludes the State 50 CFR Part 100 to the economy. However, we estimate from exercising subsistence Administrative practice and that two million pounds of meat are management authority over fish and procedure, Alaska, Fish, National harvested by subsistence users annually wildlife resources on Federal lands forests, Public lands, Reporting and and, if given an estimated dollar value unless it meets certain requirements. recordkeeping requirements, Wildlife. of $3.00 per pound, this amount would equate to about $6 million in food value Executive Order 13175 Regulation Promulgation statewide. Based upon the amounts and The Alaska National Interest Lands ■ For the reasons set out in the values cited above, the Departments Conservation Act does not specifically preamble, the Federal Subsistence certify that this rulemaking will not provide rights to tribes for the Board amends title 36, part 242, and have a significant economic effect on a subsistence taking of wildlife, fish, and title 50, part 100, of the Code of Federal substantial number of small entities shellfish. However, the Secretaries have Regulations, as set forth below. within the meaning of the Regulatory elected to provide tribes an opportunity Flexibility Act. to consult on this rule. The Board PARTll—SUBSISTENCE Small Business Regulatory Enforcement provided a variety of opportunities for MANAGEMENT REGULATIONS FOR Fairness Act consultation through: Proposing PUBLIC LANDS IN ALASKA changes to the existing rule; Under the Small Business Regulatory commenting on proposed changes to the ■ 1. The authority citation for both 36 Enforcement Fairness Act (5 U.S.C. 801 existing rule; engaging in dialogue at the CFR part 242 and 50 CFR part 100 et seq.), this rule is not a major rule. It Regional Advisory Council meetings; continues to read as follows: does not have an effect on the economy engaging in dialogue at the Board’s Authority: 16 U.S.C. 3, 472, 551, 668dd, of $100 million or more, will not cause meetings; and providing input in 3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. a major increase in costs or prices for person, by mail, e-mail, or phone at any 1733. consumers, and does not have time during the rulemaking process. significant adverse effects on Subpart C—Board Determinations competition, employment, investment, Executive Order 13211 productivity, innovation, or the ability This Executive Order requires ■ 2. In subpart C of 36 CFR part 242 and of U.S.-based enterprises to compete agencies to prepare Statements of 50 CFR part 100, § __.24(a)(1) is revised with foreign-based enterprises. Energy Effects when undertaking certain to read as follows: actions. However, this rule is not a Executive Order 12630 § __.24 Customary and traditional use significant regulatory action under E.O. determinations. Title VIII of ANILCA requires the 13211, affecting energy supply, Secretaries to administer a subsistence distribution, or use, and no Statement of (a) * * * priority on public lands. The scope of Energy Effects is required. (1) Wildlife determinations. The rural this Program is limited by definition to Alaska residents of the listed certain public lands. Likewise, these Drafting Information communities and areas have a regulations have no potential takings of Theo Matuskowitz drafted these customary and traditional use of the private property implications as defined regulations under the guidance of Peter specified species on Federal public by Executive Order 12630. J. Probasco of the Office of Subsistence lands within the listed areas:

Area Species Determination

Unit 1C ...... Black Bear ...... Residents of Unit 1C, 1D, 3, Hoonah, Pelican, Point Baker, Sitka, and Tenakee Springs.

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Area Species Determination

Unit 1A ...... Brown Bear ...... Residents of Unit 1A, except no subsistence for resi- dents of Hyder. Unit 1B ...... Brown Bear ...... Residents of Unit 1A, Petersburg, and Wrangell, except no subsistence for residents of Hyder. Unit 1C ...... Brown Bear ...... Residents of Unit 1C, Haines, Hoonah, Kake, Klukwan, Skagway, and Wrangell, except no subsistence for residents of Gustavus. Unit 1D ...... Brown Bear ...... Residents of ID. Unit 1A ...... Deer ...... Residents of Units 1A and 2. Unit 1B ...... Deer ...... Residents of Units 1A, 1B, 2, and 3. Unit 1C ...... Deer ...... Residents of 1C, 1D, Hoonah, Kake, and Petersburg. Unit 1D ...... Deer ...... No Federal subsistence priority. Unit 1B ...... Goat ...... Residents of Units 1B and 3. Unit 1C ...... Goat ...... Residents of Haines, Kake, Klukwan, Petersburg, and Hoonah. Unit 1B ...... Moose ...... Residents of Units 1, 2, 3, and 4. Unit 1C ...... Moose ...... Residents of Units 1, 2, 3, 4, and 5. Unit 1D ...... Moose ...... Residents of Unit 1D. Unit 2 ...... Deer ...... Residents of Unit 1A, 2, and 3. Unit 3 ...... Deer ...... Residents of Unit 1B, 3, Port Alexander, Port Protec- tion, Pt. Baker, and Meyer’s Chuck. Unit 3, Wrangell and Mitkof Islands ...... Moose ...... Residents of Units 1B, 2, and 3. Unit 4 ...... Brown Bear ...... Residents of Unit 4 and Kake. Unit 4 ...... Deer ...... Residents of Unit 4, Kake, Gustavus, Haines, Peters- burg, Pt. Baker, Klukwan, Port Protection, Wrangell, and Yakutat. Unit 4 ...... Goat ...... Residents of Sitka, Hoonah, Tenakee, Pelican, Funter Bay, Angoon, Port Alexander, and Elfin Cove. Unit 5 ...... Black Bear ...... Residents of Unit 5A. Unit 5 ...... Brown Bear ...... Residents of Yakutat. Unit 5 ...... Deer ...... Residents of Yakutat. Unit 5 ...... Goat ...... Residents of Unit 5A. Unit 5 ...... Moose ...... Residents of Unit 5A. Unit 5 ...... Wolf ...... Residents of Unit 5A. Unit 6A ...... Black Bear ...... Residents of Yakutat and Unit 6C and 6D, except no subsistence for Whittier. Unit 6, remainder ...... Black Bear ...... Residents of Unit 6C and 6D, except no subsistence for Whittier. Unit 6 ...... Brown Bear ...... No Federal subsistence priority. Unit 6A ...... Goat ...... Residents of Unit 5A and 6C, Chenega Bay, and Tatitlek. Unit 6C and Unit 6D ...... Goat ...... Residents of Unit 6C and D. Unit 6A ...... Moose ...... Residents of Units 5A, 6A, 6B and 6C. Unit 6B and Unit 6C ...... Moose ...... Residents of Units 6A, 6B and 6C. Unit 6D ...... Moose ...... No Federal subsistence priority. Unit 6A ...... Wolf ...... Residents of Units 5A, 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon, and 16–26. Unit 6, remainder ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11– 13 and the residents of Chickaloon, and 16–26. Unit 7 ...... Brown Bear ...... No Federal subsistence priority. Unit 7 ...... Caribou ...... Residents of Hope. Unit 7, Brown Mountain hunt area ...... Goat ...... Residents of Port Graham and Nanwalek. Unit 7, that portion draining into Kings Bay ...... Moose ...... Residents of Chenega Bay, Cooper Landing, Hope, and Tatitlek. Unit 7, remainder ...... Moose ...... Residents of Cooper Landing and Hope. Unit 7 ...... Sheep ...... No Federal subsistence priority. Unit 7 ...... Ruffed Grouse ...... No Federal subsistence priority. Unit 8 ...... Brown Bear ...... Residents of Old Harbor, Akhiok, Larsen Bay, Karluk, Ouzinkie, and Port Lions. Unit 8 ...... Deer ...... Residents of Unit 8. Unit 8 ...... Elk ...... Residents of Unit 8. Unit 8 ...... Goat ...... No Federal subsistence priority. Unit 9D ...... Bison ...... No Federal subsistence priority. Unit 9A and 9B ...... Black Bear ...... Residents of Units 9A, 9B, 17A, 17B, and 17C. Unit 9A ...... Brown Bear ...... Residents of Pedro Bay. Unit 9B ...... Brown Bear ...... Residents of Unit 9B. Unit 9C ...... Brown Bear ...... Residents of Unit 9C, Igiugig, Kakhonak, and Levelock. Unit 9D ...... Brown Bear ...... Residents of Unit 9D and 10 (Unimak Island). Unit 9E ...... Brown Bear ...... Residents of Chignik, Chignik Lagoon, Chignik Lake, Egegik, Ivanof Bay, Perryville, Pilot Point, Ugashik, and Port Heiden/Meshik. Unit 9A and Unit 9B ...... Caribou ...... Residents of Unit 9B, 9C, and 17. Unit 9C ...... Caribou ...... Residents of Unit 9B,9C, 17, and Egegik. Unit 9D ...... Caribou ...... Residents of Unit 9D, Akutan, and False Pass.

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Area Species Determination

Unit 9E ...... Caribou ...... Residents of Unit 9B, 9C, 9E, 17, Nelson Lagoon and Sand Point. Unit 9A, Unit 9B, Unit 9C and Unit 9E ...... Moose ...... Residents of Unit 9A, 9B, 9C, and 9E. Unit 9D ...... Moose ...... Residents of Cold Bay, False Pass, King Cove, Nelson Lagoon, and Sand Point. Unit 9B ...... Sheep ...... Residents of Iliamna, Newhalen, Nondalton, Pedro Bay, Port Alsworth, and residents of Lake Clark National Park and Preserve within Unit 9B. Unit 9, remainder ...... Sheep ...... No determination. Unit 9 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon, and 16–26. Unit 9A, Unit B, Unit C, & Unit E ...... Beaver ...... Residents of Units 9A, 9B, 9C, 9E, and 17. Unit 10 Unimak Island ...... Brown Bear ...... Residents of Units 9D and 10 (Unimak Island). Unit 10 Unimak Island ...... Caribou ...... Residents of Akutan, False Pass, King Cove, and Sand Point. Unit 10, remainder ...... Caribou ...... No determination. Unit 10 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon, and 16–26. Unit 11 ...... Bison ...... No Federal subsistence priority. Unit 11, north of the Sanford River ...... Black Bear ...... Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, Tazlina, Tonsina, and Units 11 and 12. Unit 11, remainder ...... Black Bear ...... Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Nabesna Road (mileposts 25–46), Slana, Tazlina, Tok Cutoff Road (mileposts 79–110), Tonsina, and Units 11. Unit 11, north of the Sanford River ...... Brown Bear ...... Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, Tazlina, Tonsina, and Units 11 and 12. Unit 11, remainder ...... Brown Bear ...... Residents of Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Nabesna Road (mileposts 25–46), Slana, Tazlina, Tok Cutoff Road (mileposts 79–110), Tonsina, and Units 11. Unit 11, north of the Sanford River ...... Caribou ...... Residents of Unit 11, 12, 13A–D, Chickaloon, Healy Lake, and Dot Lake. Unit 11, remainder ...... Caribou ...... Residents of Unit 11, 13A–D, and Chickaloon. Unit 11 ...... Goat ...... Residents of Unit 11, Chitina, Chistochina, Copper Center, Gakona, Glennallen, Gulkana, Mentasta Lake, Slana, Tazlina, Tonsina, and Dot Lake. Unit 11, north of the Sanford River ...... Moose ...... Residents of Unit 11, 12, 13A–D, Chickaloon, Healy Lake, and Dot Lake. Unit 11, remainder ...... Moose ...... Residents of Unit 11, 13A–D, and Chickaloon. Unit 11, north of the Sanford River ...... Sheep ...... Residents of Unit 12, Chistochina, Chitina, Copper Center, Dot Lake, Gakona, Glennallen, Gulkana, Healy Lake, Kenny Lake, Mentasta Lake, Slana, McCarthy/South Wrangell/South Park, Tazlina, Tonsina, residents along the Nabesna Road—Mile- post 0–46 (Nabesna Road), and residents along the McCarthy Road—Milepost 0–62 (McCarthy Road). Unit 11, remainder ...... Sheep ...... Residents of Chisana, Chistochina, Chitina, Copper Center, Gakona, Glennallen, Gulkana, Kenny Lake, Mentasta Lake, Slana, McCarthy/South Wrangell/ South Park, Tazlina, Tonsina, residents along the Tok Cutoff—Milepost 79–110 (Mentasta Pass), resi- dents along the Nabesna Road—Milepost 0–46 (Nabesna Road), and residents along the McCarthy Road—Milepost 0–62 (McCarthy Road). Unit 11 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon, and 16–26. Unit 11 ...... Grouse (Spruce, Blue, Residents of Units 11, 12, 13 and the residents of Ruffed and Sharp-tailed). Chickaloon, Unit 15, 16, 20D, 22 and 23. Unit 11 ...... Ptarmigan (Rock, Willow Residents of Units 11, 12, 13 and the residents of and White-tailed). Chickaloon, 15, 16, 20D, 22 and 23. Unit 12 ...... Brown Bear ...... Residents of Unit 12, Dot Lake, Chistochina, Gakona, Mentasta Lake, and Slana. Unit 12 ...... Caribou ...... Residents of Unit 12, Dot Lake, Healy Lake, and Mentasta Lake. Unit 12, that portion within the Tetlin National Wildlife Moose ...... Residents of Unit 12C, 13C, Dot Lake, Healy Lake. Refuge and those lands within the Wrangell-St. Elias National Preserve north and east of a line formed by the Pickerel Lake Winter Trail from the Canadian bor- der to Pickerel Lake.

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Area Species Determination

Unit 12, that portion east of the Nabesna River and Moose ...... Residents of Unit 12, 13C, and Healy Lake. Nabesna Glacier, and south of the Winter Trail run- ning southeast from Pickerel Lake to the Canadian border. Unit 12, remainder ...... Moose ...... Residents of Unit 11 north of 62nd parallel, Unit 12, 13A–D and the residents of Chickaloon, Dot Lake, and Healy Lake. Unit 12 ...... Sheep ...... Residents of Unit 12, Chistochina, Dot Lake, Healy Lake, and Mentasta Lake. Unit 12 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon, and 16–26. Unit 13 ...... Brown Bear ...... Residents of Unit 13 and Slana. Unit 13B ...... Caribou ...... Residents of Unit 11, 12 (along the Nabesna Road and Tok Cutoff Road, mileposts 79–110), 13 residents of Unit 20D except Fort Greely, and the residents of Chickaloon. Unit 13C ...... Caribou ...... Residents of Unit 11, 12 (along the Nabesna Road and Tok Cutoff Road, mileposts 79–110), 13 Chickaloon, Dot Lake and Healy Lake. Unit 13A and Unit 13D ...... Caribou ...... Residents of Unit 11, 12 (along the Nabesna Road) 13, and the residents of Chickaloon. Unit 13E ...... Caribou ...... Residents of Unit 11, 12 (along the Nabesna Road) 13, Chickaloon, McKinley Village, and the area along the Parks Highway between mileposts 216 and 239 (ex- cept no subsistence for residents of Denali National Park headquarters). Unit 13D ...... Goat ...... No Federal subsistence priority. Unit 13A and Unit 13D ...... Moose ...... Residents of Unit 13, Chickaloon, and Slana. Unit 13B ...... Moose ...... Residents of Unit 13, 20D except for Fort Greely, and the residents of Chickaloon and Slana. Unit 13C ...... Moose ...... Residents of Unit 12, 13 and the residents of Chickaloon, Healy Lake Dot Lake and Slana. Unit 13E ...... Moose ...... Residents of Unit 13, Chickaloon, McKinley Village, Slana, and the area along the Parks Highway be- tween mileposts 216 and 239 (except no subsistence for residents of Denali National Park headquarters). Unit 13D ...... Sheep ...... No Federal subsistence priority. Unit 13 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon, and 16–26. Unit 13 ...... Grouse (Spruce, Blue, Residents of Unit 11, 13 and the residents of Ruffed & Sharp-tailed). Chickaloon, 15, 16, 20D, 22 & 23. Unit 13 ...... Ptarmigan (Rock, Willow Residents of Unit 11, 13 and the residents of and White-tailed). Chickaloon, 15, 16, 20D, 22 & 23. Unit 14C ...... Brown Bear ...... No Federal subsistence priority. Unit 14 ...... Goat ...... No Federal subsistence priority. Unit 14 ...... Moose ...... No Federal subsistence priority. Unit 14A and Unit 14C ...... Sheep ...... No Federal subsistence priority. Unit 15A and Unit 15B ...... Black Bear ...... Residents of Ninilchik. Unit 15C ...... Black Bear ...... Residents of Ninilchik, Port Graham, and Nanwalek. Unit 15C ...... Brown Bear ...... Residents of Ninilchik. Unit 15, remainder ...... Brown Bear ...... No Federal subsistence priority. Residents of Units 15A and Unit 15B ...... Moose ...... Residents of Cooper Landing, Ninilchik, Nanwalek, Port Graham, and Seldovia. Unit 15C ...... Moose ...... Residents of Ninilchik, Nanwalek, Port Graham, and Seldovia. Unit 15 ...... Sheep ...... No Federal subsistence priority. Unit 15 ...... Ptarmigan (Rock, Willow Residents of Unit 15. and White-tailed). Unit 15 ...... Grouse (Spruce) ...... Residents of Unit 15. Unit 15 ...... Grouce (Ruffed) ...... No Federal subsistence priority. Unit 16B ...... Black Bear ...... Residents of Unit 16B. Unit 16 ...... Brown Bear ...... No Federal subsistence priority. Unit 16A ...... Moose ...... No Federal subsistence priority. Unit 16B ...... Moose ...... Residents of Unit 16B. Unit 16 ...... Sheep ...... No Federal subsistence priority. Unit 16 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon, and 16–26. Unit 16 ...... Grouce (Spruce and Residents of Unit 11, 13 and the residents of Ruffed). Chickaloon, 15, 16, 20D, 22 & 23. Unit 16 ...... Ptarmigan (Rock, Willow Residents of Unit 11, 13 and the residents of and White-tailed). Chickaloon, 15, 16, 20D, 22 & 23. Unit 17A and that portion of 17B draining into Nuyakuk Black Bear ...... Residents of Unit 9A and B, 17, Akiak, and Akiachak. Lake and Tikchik Lake. Unit 17, remainder ...... Black Bear ...... Residents of Unit 9A and B, and 17.

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Area Species Determination

Unit 17A and 17B, those portions north and west of a Brown Bear ...... Residents of Kwethluk. line beginning from the Unit 18 boundary at the north- west end of Nenevok Lake, to the southern point of upper Togiak Lake, and northeast to the northern point of Nuyakuk Lake, northeast to the point where the Unit 17 boundary intersects the Shotgun Hills. Unit 17A, remainder ...... Brown Bear ...... Residents of Unit 17, Akiak, Akiachak, Goodnews Bay, and Platinum. Unit 17B, that portion draining into Nuyakuk Lake and Brown Bear ...... Residents of Akiak and Akiachak. Tikchik Lake. Unit 17B and Unit 17C ...... Brown Bear ...... Residents of Unit 17. Unit 17A, that portion west of the Izavieknik River, Caribou ...... Residents of Goodnews Bay, Platinum, Quinhagak, Upper Togiak Lake, Togiak Lake, and the main course Eek, Tuntutuliak, and Napakiak. of the Togiak River. Unit 17A, that portion north of Togiak Lake that includes Caribou ...... Residents of Akiak, Akiachak, and Tuluksak. Izavieknik River drainages. Unit 17A and 17B, those portions north and west of a Caribou ...... Residents of Kwethluk. line beginning from the Unit 18 boundary at the north- west end of Nenevok Lake, to the southern point of upper Togiak Lake, and northeast to the northern point of Nuyakuk Lake, northeast of the point where the Unit 17 boundary intersects the Shotgun Hills. Unit 17B, that portionof Togiak and National Wildlife Ref- Caribou ...... Residents of Bethel, Goodnews Bay, Platinum, uge within Unit 17B. Quinhagak, Eek, Akiak, Akiachak, Tuluksak, Tuntutuliak, and Napakiak. Unit 17, remainder ...... Caribou ...... Residents of Unit 9B, 17, Lime Village, and Stony River. Unit 17A and 17B, those portions north and west of a Moose ...... Residents of Kwethluk. line beginning from the Unit 18 boundary at the north- west end of Nenevok Lake, to the southern point of upper Togiak Lake, and northeast to the northern point of Nuyakuk Lake, northeast of the point where the Unit 17 boundary intersects the Shotgun Hills. Unit 17A, that portion north of Togiak Lake that includes Moose ...... Residents of Akiak, Akiachak. Izavieknik River drainages. Unit 17A, remainder ...... Moose ...... Residents of Unit 17, Goodnews Bay and Platinum; however, no subsistence for residents of Akiachak, Akiak and Quinhagak. Unit 17B, that portion within the Togiak National Wildlife Moose ...... Residents of Akiak, Akiachak. Refuge. Unit 17B, remainder and Unit 17C ...... Moose ...... Residents of Unit 17, Nondalton, Levelock, Goodnews Bay, and Platinum. Unit 17 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon, and 16–26. Unit 17 ...... Beaver ...... Residents of Units 9A, 9B, 9C, 9E, and 17. Unit 18 ...... Black Bear ...... Residents of Unit 18, Unit 19A living downstream of the Holokuk River, Holy Cross, Stebbins, St. Michael, Twin Hills, and Togiak. Unit 18 ...... Brown Bear ...... Residents of Akiachak, Akiak, Eek, Goodnews Bay, Kwethluk, Mt. Village, Napaskiak, Platinum, Quinhagak, St. Marys, and Tuluksak. Unit 18 ...... Caribou ...... Residents of Unit 18, Manokotak, Stebbins, St. Michael, Togiak, Twin Hills, and Upper Kalskag. Unit 18, that portion of the Yukon River drainage up- Moose ...... Residents of Unit 18, Upper Kalskag, Aniak, and stream of Russian Mission and that portion of the Chuathbaluk. Kuskokwim River drainage upstream of, but not in- cluding, the Tuluksak River drainage. Unit 18, that portion north of a line from Cape Romanzof Moose ...... Residents of Unit 18, St. Michael, Stebbins, and Upper to Kusilvak Mountain to Mountain Village, and all Kalskag. drainages north of the Yukon River downstream from Marshall. Unit 18, remainder ...... Moose ...... Residents of Unit 18 and Upper Kalskag. Unit 18 ...... Musk ox ...... No Federal subsistence priority. Unit 18 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon, and 16–26. Unit 19C and Unit 19D ...... Bison ...... No Federal subsistence priority. Unit 19A and Unit 9B ...... Brown Bear ...... Residents of Units 19 and 18 within the Kuskokwim River drainage upstream from, and including, the Johnson River. Unit 19C ...... Brown Bear ...... No Federal subsistence priority. Unit 19D ...... Brown Bear ...... Residents of Units 19A and D, Tuluksak and Lower Kalskag.

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Area Species Determination

Unit 19A and Unit 19B ...... Caribou ...... Residents of Units 19A and 19B, Unit 18 within the Kuskokwim River drainage upstream from, and in- cluding, the Johnson River, and residents of St. Marys, Marshall, Pilot Station, Russian Mission. Unit 19C ...... Caribou ...... Residents of Unit 19C, Lime Village, McGrath, Nikolai, and Telida. Unit 19D ...... Caribou ...... Residents of Unit 19D, Lime Village, Sleetmute, and Stony River. Unit 19A and Unit 19B ...... Moose ...... Residents of Unit 18 within Kuskokwim River drainage upstream from and including the Johnson River, and residents of Unit 19. Unit 19B, west of the Kogrukluk River ...... Moose ...... Residents of Eek and Quinhagak. Unit 19C ...... Moose ...... Residents of Unit 19. Unit 19D ...... Moose ...... Residents of Unit 19 and Lake Minchumina. Unit 19 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon, and 16–26. Unit 20D ...... Bison ...... No Federal subsistence priority. Unit 20F ...... Black Bear ...... Residents of Unit 20F, Stevens Village, and Manley. Unit 20E ...... Brown Bear ...... Residents of Unit 12 and Dot Lake. Unit 20F ...... Brown Bear ...... Residents of Unit 20F, Stevens Village, and Manley. Unit 20A ...... Caribou ...... Residents of Cantwell, Nenana, and those domiciled between mileposts 216 and 239 of the Parks High- way. No subsistence priority for residents of house- holds of the Denali National Park Headquarters. Unit 20B ...... Caribou ...... Residents of Unit 20B, Nenana, and Tanana. Unit 20C ...... Caribou ...... Residents of Unit 20C living east of the Teklanika River, residents of Cantwell, Lake Minchumina, Manley Hot Springs, Minto, Nenana, Nikolai, Tanana, Telida, and those domiciled between mileposts 216 and 239 of the Parks Highway and between mile- posts 300 and 309. No subsistence priority for resi- dents of households of the Denali National Park Headquarters. Unit 20D and Unit 20E ...... Caribou ...... Residents of 20D, 20E, and Unit 12 north of the Wrangell-St. Elias National Park and Preserve. Unit 20F ...... Caribou ...... Residents of 20F, 25D, and Manley. Unit 20A ...... Moose ...... Residents of Cantwell, Minto, Nenana, McKinley Vil- lage, and the area along the Parks Highway between mileposts 216 and 239, except no subsistence for residents of households of the Denali National Park Headquarters. Unit 20B, Minto Flats Management Area ...... Moose ...... Residents of Minto and Nenana. Unit 20B, remainder ...... Moose ...... Residents of Unit 20B, Nenana, and Tanana. Unit 20C ...... Moose ...... Residents of Unit 20C (except that portion within Denali National Park and Preserve and that portion east of the Teklanika River), Cantwell, ‘‘Manley’’, Minto, Nenana, those domiciled between mileposts 300 and 309 of the Parks Highway, Nikolai, Tanana, Telida, McKinley Village, and the area along the Parks High- way between mileposts 216 and 239. No subsistence for residents of households of the Denali National Park Headquarters. Unit 20D ...... Moose ...... Residents of Unit 20D and residents of Tanacross. Unit 20E ...... Moose ...... Residents of Unit 20E, Unit 12 north of the Wrangell-St. Elias National Preserve, Circle, Central, Dot Lake, Healy Lake, and Mentasta Lake. Unit 20F ...... Moose ...... Residents of Unit 20F, Manley, Minto, and Stevens Vil- lage. Unit 20F ...... Wolf ...... Residents of Unit 20F, Stevens Village, and ‘‘Manley’’. Unit 20, remainder ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon, and 16–26. Unit 20D ...... Grouse, (Spruce, Ruffed Residents of Units 11, 13 and the residents of and Sharp-tailed). Chickaloon, 15, 16, 20D, 22, and 23. Unit 20D ...... Ptarmigan (Rock and Wil- Residents of Units 11, 13 and the residents of low). Chickaloon, 15, 16, 20D, 22, and 23. Unit 21 ...... Brown Bear ...... Residents of Units 21 and 23. Unit 21A ...... Caribou ...... Residents of Units 21A, 21D, 21E, Aniak, Chuathbaluk, Crooked Creek, McGrath, and Takotna. Unit 21B and Unit 21C ...... Caribou ...... Residents of Units 21B, 21C, 21D, and Tanana. Unit 21D ...... Caribou ...... Residents of Units 21B, 21C, 21D, and Huslia. Unit 21E ...... Caribou ...... Residents of Units 21A, 21E, Aniak, Chuathbaluk, Crooked Creek, McGrath, and Takotna. Unit 21A ...... Moose ...... Residents of Units 21A, 21E, Takotna, McGrath, Aniak, and Crooked Creek.

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Area Species Determination

Unit 21B and Unit 21C ...... Moose ...... Residents of Units 21B, 21C, Tanana, Ruby, and Ga- lena. Unit 21D ...... Moose ...... Residents of Units 21D, Huslia, and Ruby. Unit 21E ...... Moose ...... Residents of Unit 21E and Russian Mission. Unit 21 ...... Wolf ...... Residents of Units 6, 9, 10 (Ununitimak Island only), 11–13 and the residents of Chickaloon, and 16–26. Unit 22A ...... Black Bear ...... Residents of Unit 22A and Koyuk. Unit 22B ...... Black Bear ...... Residents of Unit 22B. Unit 22C, Unit 22D,and Unit 22E ...... Black Bear ...... No Federal subsistence priority. Unit 22 ...... Brown Bear ...... Residents of Unit 22 Unit 22A ...... Caribou ...... Residents of Unit 21D west of the Koyukuk and Yukon Rivers, 22 (except residents of St. Lawrence Island), 23, 24, Kotlik, Emmonak, Hooper Bay, Scammon Bay, Chevak, Marshall, Mountain Village, Pilot Sta- tion, Pitka’s Point, Russian Mission, St. Marys, Nunam Iqua, and Alakanuk. Unit 22, remainder ...... Caribou ...... Residents of Unit 21D west of the Koyukuk and Yukon Rivers, 22 (except residents of St. Lawrence Island), 23, and 24. Unit 22 ...... Moose ...... Residents of Unit 22. Unit 22A ...... Musk ox ...... All rural residents. Unit 22B, west of the Darby Mountains ...... Musk ox ...... Residents of Unit 22B and 22C. Unit 22B, remainder ...... Musk ox ...... Residents of Unit 22B. Unit 22C ...... Musk ox ...... Residents of Unit 22C. Unit 22D ...... Musk ox ...... Residents of Units 22B, 22C, 22D, and 22E (excluding St. Lawrence Island). Unit 22E ...... Musk ox ...... Residents of Units 22E (excluding Little Diomede Is- land). Unit 22 ...... Wolf ...... Residents of Units 23, 22, 21D north and west of the Yukon River, and Kotlik. Unit 22 ...... Grouse (Spruce) ...... Residents of Units 11, 13 and the residents of Chickaloon, 15, 16, 20D, 22, and 23. Ptarmigan (Rock and Wil- Residents of Units 11, 13 and the residents of low). Chickaloon, 15, 16, 20D, 22, and 23. Unit 23 ...... Black Bear ...... Residents of Unit 23, Alatna, Allakaket, Bettles, Evans- ville, Galena, Hughes, Huslia, and Koyukuk. Unit 23 ...... Brown Bear ...... Residents of Units 21 and 23. Unit 23 ...... Caribou ...... Residents of Unit 21D west of the Koyukuk and Yukon Rivers, Galena, 22, 23, 24 including residents of Wiseman but not including other residents of the Dal- ton Highway Corridor Management Area, and 26A. Unit 23 ...... Moose ...... Residents of Unit 23. Unit 23, south of Kotzebue Sound and west of and in- Musk ox ...... Residents of Unit 23 south of Kotzebue Sound and cluding the Buckland River drainage. west of and including the Buckland River drainage. Unit 23, remainder ...... Musk ox ...... Residents of Unit 23 east and north of the Buckland River drainage. Unit 23 ...... Sheep ...... Residents of Point Lay and Unit 23 north of the Arctic Circle. Unit 23 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon, and 16–26. Unit 23 ...... Grouse (Spruce and Residents of Units 11, 13 and the residents of Ruffed). Chickaloon, 15, 16, 20D, 22, and 23. Unit 23 ...... Ptarmigan (Rock, Willow Residents of Units 11, 13 and the residents of and White-tailed). Chickaloon, 15, 16, 20D, 22, and 23. Unit 24, that portion south of Caribou Mountain, and Black Bear ...... Residents of Stevens Village, Unit 24 and Wiseman, within the public lands composing or immediately ad- but not including any other residents of the Dalton jacent to the Dalton Highway Corridor Management Highway Corridor Management Area. Area. Unit 24, remainder ...... Black Bear ...... Residents of Unit 24 and Wiseman, but not including any other residents of the Dalton Highway Corridor Management Area. Unit 24, that portion south of Caribou Mountain, and Brown Bear ...... Residents of Stevens Village and residents of Unit 24. within the public lands composing or immediately ad- jacent to the Dalton Highway Corridor Management Area. Unit 24, remainder ...... Brown Bear ...... Residents of Unit 24. Unit 24 ...... Caribou ...... Residents of Unit 24, Galena, Kobuk, Koyukuk, Ste- vens Village, and Tanana. Unit 24 ...... Moose ...... Residents of Unit 24, Koyukuk, and Galena. Unit 24 ...... Sheep ...... Residents of Unit 24 residing north of the Arctic Circle, Allakaket, Alatna, Hughes, and Huslia. Unit 24 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon and 16–26. Unit 25D ...... Black Bear ...... Residents of Unit 25D.

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Area Species Determination

Unit 25D ...... Brown Bear ...... Residents of Unit 25D. Unit 25, remainder ...... Brown Bear ...... Residents of Unit 25 and Eagle. Unit 25D ...... Caribou ...... Residents of 20F, 25D, and Manley Unit 25A ...... Moose ...... Residents of Unit 25A and 25D. Unit 25D, west ...... Moose ...... Residents of Unit 25D West. Unit 25D, remainder ...... Moose ...... Residents of remainder of Unit 25. Unit 25A ...... Sheep ...... Residents of Arctic Village, Chalkyitsik, Fort Yukon, Kaktovik, and Venetie. Unit 25B and Unit 25C ...... Sheep ...... No Federal subsistence priority. Unit 25D ...... Wolf ...... Residents of Unit 25D. Unit 25, remainder ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon, and 16–26. Unit 26 ...... Brown Bear ...... Residents of Unit 26 (except the Prudhoe Bay- Deadhorse Industrial Complex), Anaktuvuk Pass, and Point Hope. Unit 26A and C ...... Caribou ...... Residents of Unit 26, Anaktuvuk Pass, and Point Hope. Unit 26B ...... Caribou ...... Residents of Unit 26, Anaktuvuk Pass, Point Hope, and residents of Unit 24 within the Dalton Highway Cor- ridor Management Area. Unit 26 ...... Moose ...... Residents of Unit 26 (except the Prudhoe Bay- Deadhorse Industrial Complex), Point Hope, and Anaktuvuk Pass. Unit 26A ...... Musk ox ...... Residents of Anaktuvuk Pass, Atqasuk, Barrow, Nuiqsut, Point Hope, Point Lay, and Wainwright. Unit 26B ...... Musk ox ...... Residents of Anaktuvuk Pass, Nuiqsut, and Kaktovik. Unit 26C ...... Musk ox ...... Residents of Kaktovik. Unit 26A ...... Sheep ...... Residents of Unit 26, Anaktuvuk Pass, and Point Hope. Unit 26B ...... Sheep ...... Residents of Unit 26, Anaktuvuk Pass, Point Hope, and Wiseman. Unit 26C ...... Sheep ...... Residents of Unit 26, Anaktuvuk Pass, Arctic Village, Chalkyitsik, Fort Yukon, Point Hope, and Venetie. Unit 26 ...... Wolf ...... Residents of Units 6, 9, 10 (Unimak Island only), 11–13 and the residents of Chickaloon, and 16–26.

* * * * * part of the seine or lead, a ship’s anchor, Broadhead means an arrowhead that or being secured to another vessel or net is not barbed and has two or more steel Subpart D—Subsistence Taking of that is anchored. cutting edges having a minimum cutting Fish and Wildlife Animal means those species with a diameter of not less than seven-eighths vertebral column (backbone). of an inch. ■ 3. In subpart D of 36 CFR part 242 and Antler means one or more solid, horn- __ Brow tine means a tine on the front 50 CFR part 100, § .25 is revised to like appendages protruding from the portion of a moose antler, typically read as follows: head of a caribou, deer, elk, or moose. projecting forward from the base of the Antlered means any caribou, deer, elk, § ll.25 Subsistence taking of fish, antler toward the nose. wildlife, and shellfish: general regulations. or moose having at least one visible Buck means any male deer. antler. Bull means any male moose, caribou, (a) Definitions. The following Antlerless means any caribou, deer, elk, or musk oxen. definitions apply to all regulations elk, or moose not having visible antlers Calf means a moose, caribou, elk, contained in this part: attached to the skull. Abalone iron means a flat device Bait means any material excluding a musk ox, or bison less than 12 months which is used for taking abalone and scent lure that is placed to attract an old. which is more than 1 inch (24 mm) in animal by its sense of smell or taste; Cast net means a circular net with a width and less than 24 inches (610 mm) however, those parts of legally taken mesh size of no more than 12 inches in length, with all prying edges rounded animals that are not required to be and weights attached to the perimeter, and smooth. salvaged and which are left at the kill which, when thrown, surrounds the fish ADF&G means the Alaska Department site are not considered bait. and closes at the bottom when retrieved. of Fish and Game. Beach seine means a floating net Char means the following species: Airborne means transported by which is designed to surround fish and Arctic char (Salvelinus alpinis), lake aircraft. is set from and hauled to the beach. trout (Salvelinus namaycush), brook Aircraft means any kind of airplane, Bear means black bear, or brown or trout (Salvelinus fontinalis), and Dolly glider, or other device used to transport grizzly bear. Varden (Salvelinus malma). people or equipment through the air, Big game means black bear, brown Closed season means the time when excluding helicopters. bear, bison, caribou, Sitka black-tailed fish, wildlife, or shellfish may not be Airport means an airport listed in the deer, elk, mountain goat, moose, musk taken. Federal Aviation Administration’s ox, Dall sheep, wolf, and wolverine. Crab means the following species: red Alaska Airman’s Guide and chart Bow means a longbow, recurve bow, king crab (Paralithodes camshatica), supplement. or compound bow, excluding a blue king crab (Paralithodes platypus), Anchor means a device used to hold crossbow or any bow equipped with a brown king crab (Lithodes aequispina), a fishing vessel or net in a fixed position mechanical device that holds arrows at scarlet king crab Lithodes couesi, all relative to the beach; this includes using full draw. species of tanner or snow crab

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(Chionoecetes spp.), and Dungeness result of boning or close trimming of the Hand purse seine means a floating net crab (Cancer magister). bones, or viscera. For black bear, brown which is designed to surround fish and Cub bear means a brown or grizzly and grizzly bear, ‘‘edible meat’’ means which can be closed at the bottom by bear in its first or second year of life, or the meat of the front quarter and pursing the lead line; pursing may only a black bear (including cinnamon and hindquarters and meat along the be done by hand power, and a free- blue phases) in its first year of life. backbone (backstrap). running line through one or more rings Depth of net means the perpendicular Federally qualified subsistence user attached to the lead line is not allowed. distance between cork line and lead line means a rural Alaska resident qualified Handicraft means a finished product expressed as either linear units of to harvest fish or wildlife on Federal made by a rural Alaskan resident from measure or as a number of meshes, public lands in accordance with the the nonedible byproducts of fish or including all of the web of which the Federal Subsistence Management wildlife and is composed wholly or in net is composed. Regulations in this part. some significant respect of natural Designated hunter or fisherman Field means an area outside of materials. The shape and appearance of means a Federally qualified hunter or established year-round dwellings, the natural material must be fisherman who may take all or a portion businesses, or other developments substantially changed by the skillful use of another Federally qualified hunter’s usually associated with a city, town, or of hands, such as sewing, weaving, or fisherman’s harvest limit(s) only village; field does not include drilling, lacing, beading, carving, under situations approved by the Board. permanent hotels or roadhouses on the etching, scrimshawing, painting, or Dip net means a bag-shaped net State road system or at State or other means, and incorporated into a supported on all sides by a rigid frame; Federally maintained airports. work of art, regalia, clothing, or other the maximum straight-line distance Fifty-inch (50-inch) moose means a creative expression, and can be either between any two points on the net bull moose with an antler spread of 50 traditional or contemporary in design. frame, as measured through the net inches or more. The handicraft must have substantially opening, may not exceed 5 feet; the Fish wheel means a fixed, rotating greater monetary and aesthetic value depth of the bag must be at least one- device, with no more than four baskets than the unaltered natural material half of the greatest straight-line distance, on a single axle, for catching fish, which alone. as measured through the net opening; is driven by river current or other Handline means a hand-held and no portion of the bag may be means. operated line, with one or more hooks constructed of webbing that exceeds a Fresh water of streams and rivers attached. stretched measurement of 4.5 inches; means the line at which fresh water is Hare or hares collectively refers to all the frame must be attached to a single separated from salt water at the mouth species of hares (commonly called rigid handle and be operated by hand. of streams and rivers by a line drawn rabbits) in Alaska and includes Diving gear means any type of hard snowshoe hare and tundra hare. hat or skin diving equipment, including headland to headland across the mouth as the waters flow into the sea. Harvest limit means the number of SCUBA equipment; a tethered, any one species permitted to be taken by umbilical, surface-supplied unit; or Full curl horn means the horn of a Dall sheep ram; the tip of which has any one person or designated group, per snorkel. specified time period, in a Unit or Drainage means all of the lands and grown through 360 degrees of a circle described by the outer surface of the portion of a Unit in which the taking waters comprising a watershed, occurs even if part or all of the harvest including tributary rivers, streams, horn, as viewed from the side, or that both horns are broken, or that the sheep is preserved. A fish, when landed and sloughs, ponds, and lakes, which killed by means of rod and reel, contribute to the water supply of the is at least 8 years of age as determined by horn growth annuli. becomes part of the harvest limit of the watershed. person originally hooking it. Furbearer means a beaver, coyote, Drawing permit means a permit Herring pound means an enclosure arctic fox, red fox, lynx, marten, mink, issued to a limited number of Federally used primarily to contain live herring weasel, muskrat, river (land) otter, red qualified subsistence users selected by over extended periods of time. means of a random drawing. squirrel, flying squirrel, ground squirrel, Highway means the drivable surface Drift gillnet means a drifting gillnet marmot, wolf, or wolverine. of any constructed road. that has not been intentionally staked, Fyke net means a fixed, funneling Household means that group of anchored, or otherwise fixed in one (fyke) device used to entrap fish. people residing in the same residence. place. Gear means any type of fishing Hung measure means the maximum Edible meat means the breast meat of apparatus. length of the cork line when measured ptarmigan and grouse, and, those parts Gillnet means a net primarily wet or dry with traction applied at one of caribou, deer, elk, mountain goat, designed to catch fish by entanglement end only. moose, musk oxen, and Dall sheep that in a mesh that consists of a single sheet Hunting means the taking of wildlife are typically used for human of webbing which hangs between cork within established hunting seasons with consumption, which are: The meat of line and lead line, and which is fished archery equipment or firearms, and as the ribs, neck, brisket, front quarters as from the surface of the water. authorized by a required hunting far as the distal (bottom) joint of the Grappling hook means a hooked license. radius-ulna (knee), hindquarters as far device with flukes or claws, which is Hydraulic clam digger means a device as the distal joint (bottom) of the tibia- attached to a line and operated by hand. using water or a combination of air and fibula (hock) and that portion of the Groundfish or bottomfish means any water used to harvest clams. animal between the front and marine fish except halibut, osmerids, Jigging gear means a line or lines with hindquarters; however, edible meat of herring and salmonids. lures or baited hooks, drawn through species listed in this definition does not Grouse collectively refers to all the water by hand, and which are include: Meat of the head, meat that has species found in Alaska, including operated during periods of ice cover been damaged and made inedible by the spruce grouse, ruffed grouse, sooty from holes cut in the ice, or from shore method of taking, bones, sinew, and grouse (formerly blue), and sharp-tailed ice and which are drawn through the incidental meat reasonably lost as a grouse. water by hand.

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Lead means either a length of net Purse seine means a floating net equipped with projecting prongs used to employed for guiding fish into a seine, which is designed to surround fish and gather sea urchins. set gillnet, or other length of net, or a which can be closed at the bottom by Sealing means placing a mark or tag length of fencing employed for guiding means of a free-running line through on a portion of a harvested animal by an fish into a fish wheel, fyke net, or dip one or more rings attached to the lead authorized representative of the ADF&G; net. line. sealing includes collecting and Legal limit of fishing gear means the Ram means a male Dall sheep. recording information about the maximum aggregate of a single type of Registration permit means a permit conditions under which the animal was fishing gear permitted to be used by one that authorizes hunting and is issued to harvested, and measurements of the individual or boat, or combination of a person who agrees to the specified specimen submitted for sealing or boats in any particular regulatory area, hunting conditions. Hunting permitted surrendering a specific portion of the district, or section. by a registration permit begins on an animal for biological information. Long line means either a stationary, announced date and continues Set gillnet means a gillnet that has buoyed, or anchored line, or a floating, throughout the open season, or until the been intentionally set, staked, anchored, free-drifting line with lures or baited season is closed by Board action. or otherwise fixed. hooks attached. Registration permits are issued in the Seven-eighths curl horn means the Marmot collectively refers to all order requests are received and/or are horn of a male Dall sheep, the tip of species of marmot that occur in Alaska, based on priorities as determined by 50 which has grown through seven-eights including the hoary marmot, Alaska CFR 100.17 and 36 CFR 242.17. (315 degrees) of a circle, described by marmot, and the woodchuck. Regulatory year means July 1–June 30, the outer surface of the horn, as viewed Mechanical clam digger means a except for fish and shellfish, for which from the side, or with both horns mechanical device used or capable of it means April 1–March 31. broken. being used for the taking of clams. Ring net means a bag-shaped net Shovel means a hand-operated Mechanical jigging machine means a suspended between no more than two implement for digging clams. mechanical device with line and hooks frames; the bottom frame may not be Skin, hide, pelt, or fur means any used to jig for halibut and bottomfish, larger in perimeter than the top frame; tanned or untanned external covering of but does not include hand gurdies or the gear must be nonrigid and an animal’s body. However, for bear, the rods with reels. collapsible so that free movement of fish skin, hide, pelt, or fur means the Mile means a nautical mile when used or shellfish across the top of the net is external covering with claws attached. in reference to marine waters or a not prohibited when the net is Snagging means hooking or statute mile when used in reference to employed. attempting to hook a fish elsewhere than fresh water. Rockfish means all species of the in the mouth. Motorized vehicle means a motor- genus Sebastes. Spear means a shaft with a sharp driven land, air, or water conveyance. Rod and reel means either a device point or fork-like implement attached to Open season means the time when upon which a line is stored on a fixed one end, which is used to thrust through wildlife may be taken by hunting or or revolving spool and is deployed the water to impale or retrieve fish, and trapping; an open season includes the through guides mounted on a flexible which is operated by hand. first and last days of the prescribed pole, or a line that is attached to a pole. Spike-fork moose means a bull moose season period. In either case, bait or an artificial fly or with only one or two tines on either Otter means river or land otter only, lure is used as terminal tackle. This antler; male calves are not spike-fork excluding sea otter. definition does not include the use of bulls. Permit hunt means a hunt for which rod and reel gear for snagging. Stretched measure means the average State or Federal permits are issued by Salmon means the following species: length of any series of 10 consecutive registration or other means. pink salmon (Oncorhynchus gorbuscha); meshes measured from inside the first Poison means any substance that is sockeye salmon (Oncorhynchus nerka); knot and including the last knot when toxic or poisonous upon contact or Chinook salmon (Oncorhynchus wet; the 10 meshes, when being ingestion. tshawytscha); coho salmon measured, must be an integral part of Possession means having direct (Oncorhynchus kisutch); and chum the net, as hung, and measured physical control of wildlife at a given salmon (Oncorhynchus keta). perpendicular to the selvages; time or having both the power and Salmon stream means any stream measurements will be made by means of intention to exercise dominion or used by salmon for spawning, rearing, a metal tape measure while the 10 control of wildlife either directly or or for traveling to a spawning or rearing meshes being measured are suspended through another person or persons. area. vertically from a single peg or nail, Possession limit means the maximum Salvage means to transport the edible under 5-pound weight. number of fish, grouse, or ptarmigan a meat, skull, or hide, as required by Subsistence fishing permit means a person or designated group may have in regulation, of a regulated fish, wildlife, subsistence harvest permit issued by the possession if they have not been or shellfish to the location where the Alaska Department of Fish and Game or canned, salted, frozen, smoked, dried, or edible meat will be consumed by the Federal Subsistence Board. otherwise preserved so as to be fit for humans or processed for human Take or Taking means to fish, pursue, human consumption after a 15-day consumption in a manner which saves hunt, shoot, trap, net, capture, collect, period. or prevents the edible meat from waste, kill, harm, or attempt to engage in any Pot means a portable structure and preserves the skull or hide for such conduct. designed and constructed to capture and human use. Tine or antler point refers to any point retain live fish and shellfish in the Scallop dredge means a dredge-like on an antler, the length of which is water. device designed specifically for and greater than its width and is at least one Ptarmigan collectively refers to all capable of taking scallops by being inch. species found in Alaska, including towed along the ocean floor. To operate fishing gear means any of white-tailed ptarmigan, rock ptarmigan, Sea urchin rake means a hand-held the following: To deploy gear in the and willow ptarmigan. implement, no longer than 4 feet, water; to remove gear from the water; to

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remove fish or shellfish from the gear Department of Fish and Game part may be taken under a designated during an open season or period; or to regulations found in Title 5 of the harvest permit. possess a gillnet containing fish during Alaska Administrative Code and (2) If you are a Federally qualified an open fishing period, except that a collectively listed in this part as Units subsistence user, you (beneficiary) may gillnet which is completely clear of the or Subunits. designate another Federally qualified water is not considered to be operating Wildlife means any hare, ptarmigan, subsistence user to take fish on your for the purposes of minimum distance grouse, ungulate, bear, furbearer, or behalf. The designated fisherman must requirement. unclassified species and includes any obtain a designated harvest permit prior Transportation means to ship, part, product, egg, or offspring thereof, to attempting to harvest fish and must convey, carry, or transport by any means or carcass or part thereof. return a completed harvest report. The whatever and deliver or receive for such (b) Taking fish, wildlife, or shellfish designated fisherman may fish for any shipment, conveyance, carriage, or for subsistence uses by a prohibited number of beneficiaries but may have transportation. method is a violation of this part. no more than two harvest limits in his/ Trapping means the taking of Seasons are closed unless opened by her possession at any one time. furbearers within established trapping Federal regulation. Hunting, trapping, or (3) The designated fisherman must seasons and with a required trapping fishing during a closed season or in an have in possession a valid designated license. area closed by this part is prohibited. fishing permit when taking, attempting Trawl means a bag-shaped net towed You may not take for subsistence fish, to take, or transporting fish taken under through the water to capture fish or wildlife, or shellfish outside established this section, on behalf of a beneficiary. (4) The designated fisherman may not shellfish, and includes beam, otter, or Unit or Area seasons, or in excess of the fish with more than one legal limit of pelagic trawl. established Unit or Area harvest limits, Troll gear means a power gurdy troll gear. unless otherwise provided for by the gear consisting of a line or lines with (5) You may not designate more than Board. You may take fish, wildlife, or lures or baited hooks which are drawn one person to take or attempt to take shellfish under State regulations on through the water by a power gurdy; fish on your behalf at one time. You public lands, except as otherwise hand troll gear consisting of a line or may not personally take or attempt to restricted at §§ ll.26 through ll.28. lines with lures or baited hooks which take fish at the same time that a Unit/Area-specific restrictions or are drawn through the water from a designated fisherman is taking or allowances for subsistence taking of vessel by hand trolling, strip fishing, or attempting to take fish on your behalf. fish, wildlife, or shellfish are identified other types of trolling, and which are (e) Hunting by designated harvest at §§ ll.26 through ll.28. retrieved by hand power or hand- permit. If you are a Federally qualified (c) Harvest limits. powered crank and not by any type of subsistence user (recipient), you may (1) Harvest limits authorized by this electrical, hydraulic, mechanical, or designate another Federally qualified section and harvest limits established in other assisting device or attachment; or subsistence user to take deer, moose and State regulations may not be dinglebar troll gear consisting of one or caribou on your behalf unless you are a accumulated unless specified otherwise more lines, retrieved and set with a troll member of a community operating in §§ ll.26, ll.27. or ll.28. gurdy or hand troll gurdy, with a under a community harvest system or (2) Fish, wildlife, or shellfish taken by terminally attached weight from which unless unit-specific regulations in a designated individual for another one or more leaders with one or more § ll.26 preclude or modify the use of person pursuant to § ll.10(d)(5)(ii) lures or baited hooks are pulled through the designated hunter system or allow counts toward the individual harvest the water while a vessel is making way. the harvest of additional species by a Trophy means a mount of a big game limit of the person for whom the fish, designated hunter. The designated animal, including the skin of the head wildlife, or shellfish is taken. hunter must obtain a designated hunter (cape) or the entire skin, in a lifelike (3) A harvest limit may apply to the permit and must return a completed representation of the animal, including number of fish, wildlife, or shellfish that harvest report. The designated hunter a lifelike representation made from any can be taken daily, seasonally and/or may hunt for any number of recipients part of a big game animal; ‘‘trophy’’ also during a regulatory year or held in but may have no more than two harvest includes a ‘‘European mount’’ in which possession. limits in his/her possession at any one the horns or antlers and the skull or a (4) Unless otherwise provided, any time, unless otherwise specified in unit- portion of the skull are mounted for person who gives or receives fish, specific regulations in § ll.26. display. wildlife, or shellfish must furnish, upon (f) A rural Alaska resident who has Trout means the following species: a request made by a Federal or State been designated to take fish, wildlife, or cutthroat trout (Oncorhynchus clarki) agent, a signed statement describing the shellfish on behalf of another rural and rainbow/steelhead trout following: Names and addresses of Alaska resident in accordance with (Oncorhynchus mykiss). persons who gave and received fish, § ll.10(d)(5)(ii) must promptly deliver Unclassified wildlife or unclassified wildlife, or shellfish; the time and place the fish, wildlife, or shellfish to that species means all species of animals not that the fish, wildlife, or shellfish was rural Alaska resident and may not otherwise classified by the definitions taken; and identification of species charge the recipient for his/her services in this paragraph (a), or regulated under transferred. Where a qualified in taking the fish, wildlife, or shellfish other Federal law as listed in paragraph subsistence user has designated another or claim for themselves the meat or any (i) of this section. qualified subsistence user to take fish, part of the harvested fish, wildlife, or Ungulate means any species of hoofed wildlife, or shellfish on his or her behalf shellfish. mammal, including deer, caribou, elk, in accordance with § ll.10(d)(5)(ii), (g) Cultural/educational program moose, mountain goat, Dall sheep, and the permit must be furnished in place of permits. musk ox. a signed statement. (1) A qualifying program must have Unit and Subunit means one of the (d) Fishing by designated harvest instructors, enrolled students, minimum geographical areas in the State of Alaska permit. attendance requirements, and standards known as Game Management Units, or (1) Any species of fish that may be for successful completion of the course. GMUs, as defined in the codified Alaska taken by subsistence fishing under this Applications must be submitted to the

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Federal Subsistence Board through the (2) If you take wildlife for subsistence, nonedible byproducts (including, but Office of Subsistence Management and you must salvage the following parts for not limited to, skin, shell, fins, and should be submitted 60 days prior to the human use: bones) of subsistence-harvested fish or earliest desired date of harvest. Harvest (i) The hide of a wolf, wolverine, shellfish. must be reported and any animals coyote, fox, lynx, marten, mink, weasel, (10) If you are a Federally qualified harvested will count against any or otter; subsistence user, you may sell established Federal harvest quota for the (ii) The hide and edible meat of a handicraft articles made from nonedible area in which it is harvested. brown bear, except that the hide of byproducts of wildlife harvested for (2) Requests for follow-up permits brown bears taken in Units 5, 9B, 17, 18, subsistence uses (excluding bear), to must be submitted to the in-season or portions of 19A and 19B, 21D, 22, 23, include; skin, hide, pelt, fur, claws, local manager and should be submitted 24, and 26A need not be salvaged; bones (except skulls of moose, caribou, 60 days prior to the earliest desired date (iii) The hide and edible meat of a elk, deer, sheep, goat and musk ox), of harvest. black bear; teeth, sinew, antlers and/or horns (if not (h) Permits. If a subsistence fishing or (iv) The hide or meat of squirrels, attached to any part of the skull or made hunting permit is required by this part, hares, marmots, beaver, muskrats, or to represent a big game trophy) and the following permit conditions apply unclassified wildlife. hooves. (3) You must salvage the edible meat unless otherwise specified in this (11) The sale of handicrafts made of ungulates, bear, grouse, and section: from the nonedible byproducts of ptarmigan. wildlife, when authorized in this part, (1) You may not take more fish, (4) You may not intentionally waste wildlife, or shellfish for subsistence use may not constitute a significant or destroy any subsistence-caught fish commercial enterprise. than the limits set out in the permit; or shellfish; however, you may use for (2) You must obtain the permit prior (12) You may sell the horns and bait or other purposes whitefish, antlers not attached to any part of the to fishing or hunting; herring, and species for which bag (3) You must have the permit in your skull from legally harvested caribou limits, seasons, or other regulatory (except caribou harvested in Unit 23), possession and readily available for methods and means are not provided in inspection while fishing, hunting, or deer, elk, goat, moose, musk ox, and this section, as well as the head, tail, sheep. transporting subsistence-taken fish, fins, and viscera of legally taken (13) You may sell the raw/untanned wildlife, or shellfish; subsistence fish. and tanned hide or cape from a legally (4) If specified on the permit, you (5) Failure to salvage the edible meat harvested caribou, deer, elk, goat, must keep accurate daily records of the may not be a violation if such failure is moose, musk ox, and sheep. harvest, showing the number of fish, caused by circumstances beyond the (k) The regulations found in this part wildlife, or shellfish taken, by species, control of a person, including theft of do not apply to the subsistence taking location and date of harvest, and other the harvested fish, wildlife, or shellfish, and use of fish, wildlife, or shellfish such information as may be required for unanticipated weather conditions, or regulated pursuant to the Fur Seal Act management or conservation purposes; unavoidable loss to another animal. and (6) If you are a Federally qualified of 1966 (80 Stat. 1091, 16 U.S.C. 1187); the Endangered Species Act of 1973 (87 (5) If the return of harvest information subsistence user, you may sell Stat. 884, 16 U.S.C. 1531–1543); the necessary for management and handicraft articles made from the skin, Marine Mammal Protection Act of 1972 conservation purposes is required by a hide, pelt, or fur, including claws, of a (86 Stat. 1027; 16 U.S.C. 1361–1407); permit and you fail to comply with such black bear. and the Migratory Bird Treaty Act (40 reporting requirements, you are (i) In Units 1, 2, 3, 4, and 5, you may Stat. 755; 16 U.S.C. 703–711), or to any ineligible to receive a subsistence sell handicraft articles made from the amendments to these Acts. The taking permit for that activity during the skin, hide, pelt, fur, claws, bones, teeth, and use of fish, wildlife, or shellfish, following regulatory year, unless you sinew, or skulls of a black bear taken covered by these Acts, will conform to demonstrate that failure to report was from Units 1, 2, 3, or 5. the specific provisions contained in due to loss in the mail, accident, (ii) [Reserved]. these Acts, as amended, and any sickness, or other unavoidable (7) If you are a Federally qualified implementing regulations. circumstances. subsistence user, you may sell handicraft articles made from the skin, (l) Rural residents, nonrural residents, (i) You may not possess, transport, and nonresidents not specifically give, receive, or barter fish, wildlife, or hide, pelt, or fur, including claws, of a brown bear taken from Units 1–5, 9A– prohibited by Federal regulations from shellfish that was taken in violation of fishing, hunting, or trapping on public Federal or State statutes or a regulation C, 9E, 12, 17, 20, 22, 23, 24B (only that portion within Gates of the Arctic lands in an area may fish, hunt, or trap promulgated hereunder. on public lands in accordance with the (j) Utilization of fish, wildlife, or National Park), 25, or 26. (i) In Units 1, 2, 3, 4, and 5, you may appropriate State regulations. shellfish. sell handicraft articles made from the ■ 4. In subpart D of 36 CFR part 242 and (1) You may not use wildlife as food skin, hide, pelt, fur, claws, bones, teeth, 50 CFR part 100, § ll.26 is added to for a dog or furbearer, or as bait, except sinew, or skulls of a brown bear taken read as follows: as allowed for in § ll.26, § ll.27, or from Units 1, 4, or 5. ll § .28, or except for the following: (ii) [Reserved]. § ll.26 Subsistence taking of wildlife. (i) The hide, skin, viscera, head, or (8) If you are a Federally qualified (a) You may take wildlife for bones of wildlife; subsistence user, you may sell the raw subsistence uses by any method, except (ii) The skinned carcass of a furbearer; fur or tanned pelt with or without claws as prohibited in this section or by other (iii) Squirrels, hares (rabbits), grouse, attached from legally harvested Federal statute. Taking wildlife for or ptarmigan; however, you may not use furbearers. subsistence uses by a prohibited method the breast meat of grouse and ptarmigan (9) If you are a Federally qualified is a violation of this part. Seasons are as animal food or bait; subsistence user, you may sell closed unless opened by Federal (iv) Unclassified wildlife. handicraft articles made from the regulation. Hunting or trapping during a

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closed season or in an area closed by is capable of casting an inch-wide (1) Disturbing or destroying a den, this part is prohibited. broadhead-tipped arrow at least 175 except that you may disturb a muskrat (b) Except for special provisions yards horizontally, and the arrow and pushup or feeding house in the course found at paragraphs (n)(1) through (26) broadhead together weigh at least 1 of trapping; of this section, the following methods ounce (437.5 grains); (2) Disturbing or destroying any and means of taking wildlife for (14) Using bait for taking ungulates, beaver house; subsistence uses are prohibited: bear, wolf, or wolverine; except, you (3) Taking beaver by any means other (1) Shooting from, on, or across a may use bait to take wolves and than a steel trap or snare, except that highway; wolverine with a trapping license, and you may use firearms in certain Units (2) Using any poison; you may use bait to take black bears with established seasons as identified in (3) Using a helicopter in any manner, with a hunting license as authorized in Unit-specific regulations found in this including transportation of individuals, Unit-specific regulations at paragraphs subpart; equipment, or wildlife; however, this (n)(1) through (26) of this section. (4) Taking otter with a steel trap prohibition does not apply to Baiting of black bears is subject to the having a jaw spread of less than 57⁄8 transportation of an individual, gear, or following restrictions: inches during any closed mink and wildlife during an emergency rescue (i) Before establishing a black bear marten season in the same Unit; operation in a life-threatening situation; bait station, you must register the site (5) Using a net or fish trap (except a (4) Taking wildlife from a motorized with ADF&G; blackfish or fyke trap); land or air vehicle when that vehicle is (ii) When using bait, you must clearly (6) Taking or assisting in the taking of in motion, or from a motor-driven boat mark the site with a sign reading ‘‘black furbearers by firearm before 3 a.m. on when the boat’s progress from the bear bait station’’ that also displays your the day following the day on which motor’s power has not ceased; hunting license number and ADF&G- airborne travel occurred; however, this (5) Using a motorized vehicle to drive, assigned number; does not apply to a trapper using a herd, or molest wildlife; (iii) You may use only biodegradable firearm to dispatch furbearers caught in (6) Using or being aided by use of a materials for bait; you may use only the a trap or snare. (e) Possession and transportation of machine gun, set gun, or a shotgun head, bones, viscera, or skin of legally wildlife. larger than 10 gauge; harvested fish and wildlife for bait; (7) Using a firearm other than a (1) Except as specified in paragraphs (iv) You may not use bait within 1⁄4 shotgun, muzzle-loaded rifle, rifle, or (e)(2) or (f)(1) of this section, or as mile of a publicly maintained road or pistol using center-firing cartridges, for otherwise provided, you may not take a trail; the taking of ungulates, bear, wolves, or species of wildlife in any unit, or (v) You may not use bait within 1 wolverine, except that— portion of a unit, if your total take of (i) An individual in possession of a mile of a house or other permanent that species already obtained anywhere valid trapping license may use a firearm dwelling, or within 1 mile of a in the State under Federal and State that shoots rimfire cartridges to take developed campground or developed regulations equals or exceeds the wolves and wolverine; recreational facility; harvest limit in that unit. (ii) Only a muzzle-loading rifle of .54- (vi) When using bait, you must (2) An animal taken under Federal or caliber or larger, or a .45-caliber muzzle- remove litter and equipment from the State regulations by any member of a loading rifle with a 250-grain, or larger, bait station site when done hunting; community with an established elongated slug may be used to take (vii) You may not give or receive community harvest limit for that species brown bear, black bear, elk, moose, payment for the use of a bait station, counts toward the community harvest musk ox, and mountain goat; including barter or exchange of goods; limit for that species. Except for wildlife (8) Using or being aided by use of a (viii) You may not have more than taken pursuant to § ll .10(d)(5)(iii) or pit, fire, artificial light, radio two bait stations with bait present at any as otherwise provided for by this part, communication, artificial salt lick, one time; an animal taken as part of a community explosive, barbed arrow, bomb, smoke, (15) Taking swimming ungulates, harvest limit counts toward every chemical, conventional steel trap with a bears, wolves, or wolverine; community member’s harvest limit for jaw spread over 9 inches, or conibear (16) Taking or assisting in the taking that species taken under Federal or State style trap with a jaw spread over 11 of ungulates, bear, wolves, wolverine, or of Alaska regulations. inches; other furbearers before 3 a.m. following (f) Harvest limits. (9) Using a snare, except that an the day in which airborne travel (1) The harvest limit specified for a individual in possession of a valid occurred (except for flights in regularly trapping season for a species and the hunting license may use nets and snares scheduled commercial aircraft); harvest limit set for a hunting season for to take unclassified wildlife, ptarmigan, however, this restriction does not apply the same species are separate and grouse, or hares; and, individuals in to subsistence taking of deer, the setting distinct. This means that if you have possession of a valid trapping license of snares or traps, or the removal of taken a harvest limit for a particular may use snares to take furbearers; furbearers from traps or snares; species under a trapping season, you (10) Using a trap to take ungulates or (17) Taking a bear cub or a sow may take additional animals under the bear; accompanied by cub(s). harvest limit specified for a hunting (11) Using hooks to physically snag, (c) Wildlife taken in defense of life or season or vice versa. impale, or otherwise take wildlife; property is not a subsistence use; (2) A brown/grizzly bear taken in a however, hooks may be used as a trap wildlife so taken is subject to State Unit or portion of a Unit having a drag; regulations. harvest limit of ‘‘one brown/grizzly bear (12) Using a crossbow to take (d) The following methods and means per year’’ counts against a ‘‘one brown/ ungulates, bear, wolf, or wolverine in of trapping furbearers for subsistence grizzly bear every four regulatory years’’ any area restricted to hunting by bow uses pursuant to the requirements of a harvest limit in other Units. You may and arrow only; trapping license are prohibited, in not take more than one brown/grizzly (13) Taking of ungulates, bear, wolf, addition to the prohibitions listed at bear in a regulatory year. or wolverine with a bow, unless the bow paragraph (b) of this section: (3) [Reserved].

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(g) Evidence of sex and identity. caribou may be processed for human commercial tanning within the area, you (1) If subsistence take of Dall sheep is consumption and consumed in the field; must first have it sealed by an ADF&G restricted to a ram, you may not possess however, meat may not be removed representative in Barrow, Galena, Nome, or transport a harvested sheep unless from the bones for purposes of transport or Kotzebue; at the time of sealing, the both horns accompany the animal. out of the field. ADF&G representative must remove and (2) If the subsistence taking of an (i) Returning of tags, marks, or collars. retain the skin of the skull and front ungulate, except sheep, is restricted to If you take an animal that has been claws of the bear. one sex in the local area, you may not marked or tagged for scientific studies, (iv) If you remove the skin or skull of possess or transport the carcass of an you must, within a reasonable time, a bear taken in Unit 5 from the area, you animal taken in that area unless notify the ADF&G or the agency must first have it sealed by an ADF&G sufficient portions of the external sex identified on the collar or marker when representative in Yakutat. organs remain attached to indicate and where the animal was taken. You (v) If you remove the skin or skull of conclusively the sex of the animal, also must retain any ear tag, collar, a bear taken in Unit 9E from Unit 9, you except that in Units 1–5 antlers are also radio, tattoo, or other identification with must first have it sealed by an considered proof of sex for deer if the the hide until it is sealed, if sealing is authorized sealing representative. At the antlers are naturally attached to an required; in all cases, you must return time of sealing, the representative must entire carcass, with or without the any identification equipment to the remove and retain the skin of the skull viscera; and except in Units 11, 13, 19, ADF&G or to an agency identified on and front claws of the bear. 21, and 24, where you may possess such equipment. (4) You may not falsify any either sufficient portions of the external (j) Sealing of bear skins and skulls. information required on the sealing (1) Sealing requirements for bear sex organs (still attached to a portion of certificate or temporary sealing form apply to brown bears taken in all Units, the carcass) or the head (with or without provided by the ADF&G in accordance except as specified in this paragraph, antlers attached; however, the antler with State regulations. stumps must remain attached) to and black bears of all color phases taken (k) Sealing of beaver, lynx, marten, indicate the sex of the harvested moose; in Units 1–7, 11–17, and 20. otter, wolf, and wolverine. You may not however, this paragraph (g)(2) does not (2) You may not possess or transport possess or transport from Alaska the apply to the carcass of an ungulate that from Alaska the untanned skin or skull untanned skin of a marten taken in has been butchered and placed in of a bear unless the skin and skull have Units 1–5, 7, 13E, or 14–16 or the storage or otherwise prepared for been sealed by an authorized untanned skin of a beaver, lynx, otter, consumption upon arrival at the representative of ADF&G in accordance wolf, or wolverine, whether taken inside location where it is to be consumed. with State or Federal regulations, except (3) If a moose harvest limit requires an that the skin and skull of a brown bear or outside the State, unless the skin has antlered bull, an antler size, or taken under a registration permit in been sealed by an authorized configuration restriction, you may not Units 5, 9B, 9E, 17, 18, 19A and 19B representative in accordance with State possess or transport the moose carcass downstream of and including the Aniak or Federal regulations. or its parts unless both antlers River drainage, 21D, 22, 23, 24, and 26A (1) In Unit 18, you must obtain an accompany the carcass or its parts. If need not be sealed unless removed from ADF&G seal for beaver skins only if they you possess a set of antlers with less the area. are to be sold or commercially tanned. than the required number of brow tines (3) You must keep a bear skin and (2) In Unit 2, you must seal any wolf on one antler, you must leave the antlers skull together until a representative of taken on or before the 30th day after the naturally attached to the unbroken, the ADF&G has removed a rudimentary date of taking. uncut skull plate; however, this premolar tooth from the skull and (l) If you take a species listed in paragraph (g)(3) does not apply to a sealed both the skull and the skin; paragraph (k) of this section but are moose carcass or its parts that have been however, this provision does not apply unable to present the skin in person, butchered and placed in storage or to brown bears taken within Units 5, 9B, you must complete and sign a otherwise prepared for consumption 9E, 17, 18, 19A and 19B downstream of temporary sealing form and ensure that after arrival at the place where it is to and including the Aniak River drainage, the completed temporary sealing form be stored or consumed. 21D, 22, 23, 24, and 26A and which are and skin are presented to an authorized (h) Removing harvest from the field. not removed from the Unit. representative of ADF&G for sealing You must leave all edible meat on the (i) In areas where sealing is required consistent with requirements listed in bones of the front quarters and hind by Federal regulations, you may not paragraph (k) of this section. quarters of caribou and moose harvested possess or transport the hide of a bear (m) You may take wildlife, outside of in Units 9, 17, 18, and 19B prior to that does not have the penis sheath or established season or harvest limits, for October 1 until you remove the meat vaginal orifice naturally attached to food in traditional religious ceremonies, from the field or process it for human indicate conclusively the sex of the which are part of a funerary or mortuary consumption. You must leave all edible bear. cycle, including memorial potlatches, meat on the bones of the front quarters, (ii) If the skin or skull of a bear taken under the following provisions: hind quarters, and ribs of moose in Units 9B, 17, 18, and 19A and 19B (1) The harvest does not violate harvested in Unit 21 prior to October 1 downstream of and including the Aniak recognized principles of wildlife until you remove the meat from the field River drainage is removed from the area, conservation and uses the methods and or process it for human consumption. you must first have it sealed by an means allowable for the particular You must leave all edible meat on the ADF&G representative in Bethel, species published in the applicable bones of the front quarters, hind Dillingham, or McGrath; at the time of Federal regulations. The appropriate quarters, and ribs of caribou and moose sealing, the ADF&G representative must Federal land manager will establish the harvested in Unit 24 prior to October 1 remove and retain the skin of the skull number, species, sex, or location of until you remove the meat from the field and front claws of the bear. harvest, if necessary, for conservation or process it for human consumption. (iii) If you remove the skin or skull of purposes. Other regulations relating to Meat of the front quarters, hind quarters, a bear taken in Units 21D, 22, 23, 24, ceremonial harvest may be found in the or ribs from a harvested moose or and 26A from the area or present it for unit-specific regulations in § ll.26(n).

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(2) No permit or harvest ticket is harvest is completed, to a Federal land from the Riverside Mine, excluding the required for harvesting under this manager upon request. Thumb Creek drainage, is closed to the section; however, the harvester must be (iii) As soon as practical, but not more taking of bear; a Federally qualified subsistence user than 15 days after the harvest, the tribal (C) Unit 1B—the Anan Creek drainage with customary and traditional use in chief, village council president, or within 1 mile of Anan Creek the area where the harvesting will designee must notify the Federal land downstream from the mouth of Anan occur. manager about the harvest location, Lake, including the area within a 1-mile (3) In Units 1–26 (except for species, sex, and number of animals radius from the mouth of Anan Creek Koyukon/Gwich’in potlatch ceremonies taken. Lagoon, is closed to the taking of bear; in Units 20F, 21, 24, or 25): (n) Unit regulations. You may take for (D) Unit 1C: subsistence unclassified wildlife, all (i) A tribal chief, village or tribal (1) You may not hunt within one- squirrel species, and marmots in all council president, or the chief’s or fourth mile of Mendenhall Lake, the Units, without harvest limits, for the president’s designee for the village in U.S. Forest Service Mendenhall Glacier period of July 1–June 30. Unit-specific which the religious/cultural ceremony Visitor’s Center, and the Center’s restrictions or allowances for will be held, or a Federally qualified parking area; subsistence taking of wildlife are subsistence user outside of a village or identified at paragraphs (n)(1) through (2) You may not take mountain goat tribal-organized ceremony, must notify (26) of this section. in the area of Mt. Bullard bounded by the nearest Federal land manager that a (1) Unit 1. Unit 1 consists of all the Mendenhall Glacier, Nugget Creek wildlife harvest will take place. The mainland drainages from Dixon from its mouth to its confluence with notification must include the species, Entrance to Cape Fairweather, and those Goat Creek, and a line from the mouth harvest location, and number of animals islands east of the center line of of Goat Creek north to the Mendenhall expected to be taken. Clarence Strait from Dixon Entrance to Glacier; (ii) Immediately after the wildlife is Caamano Point, and all islands in (vi) You may not trap furbearers for taken, the tribal chief, village or tribal Stephens Passage and Lynn Canal north subsistence uses in Unit 1C, Juneau council president or designee, or other of Taku Inlet: area, on the following public lands: Federally qualified subsistence user (i) Unit 1A consists of all drainages (A) A strip within one-quarter mile of must create a list of the successful south of the latitude of Lemesurier Point the mainland coast between the end of hunters and maintain these records, including all drainages into Behm Thane Road and the end of Glacier including the name of the decedent for Canal, excluding all drainages of Ernest Highway at Echo Cove; whom the ceremony will be held. If Sound; (B) That area of the Mendenhall requested, this information must be (ii) Unit 1B consists of all drainages Valley bounded on the south by the available to an authorized representative between the latitude of Lemesurier Glacier Highway, on the west by the of the Federal land manager. Point and the latitude of Cape Fanshaw Mendenhall Loop Road and Montana (iii) The tribal chief, village or tribal including all drainages of Ernest Sound Creek Road and Spur Road to council president or designee, or other and Farragut Bay, and including the Mendenhall Lake, on the north by Federally qualified subsistence user islands east of the center lines of Mendenhall Lake, and on the east by the outside of the village in which the Frederick Sound, Dry Strait (between Mendenhall Loop Road and Forest religious/cultural ceremony will be held Sergief and Kadin Islands), Eastern Service Glacier Spur Road to the Forest must report to the Federal land manager Passage, Blake Channel (excluding Service Visitor Center; the harvest location, species, sex, and Blake Island), Ernest Sound, and (C) That area within the U.S. Forest number of animals taken as soon as Seward Passage; Service Mendenhall Glacier Recreation practicable, but not more than 15 days (iii) Unit 1C consists of that portion of Area; after the wildlife is taken. Unit 1 draining into Stephens Passage (D) A strip within one-quarter mile of (4) In Units 20F, 21, 24, and 25 (for and Lynn Canal north of Cape Fanshaw the following trails as designated on Koyukon/Gwich’in potlatch ceremonies and south of the latitude of Eldred Rock U.S. Geological Survey maps: Herbert including Berners Bay, Sullivan Island, only): Glacier Trail, Windfall Lake Trail, and all mainland portions north of Peterson Lake Trail, Spaulding (i) Taking wildlife outside of Chichagof Island and south of the Meadows Trail (including the loop established season and harvest limits is latitude of Eldred Rock, excluding trail), Nugget Creek Trail, Outer Point authorized if it is for food for the drainages into Farragut Bay; traditional Koyukon/Gwich’in Potlatch (iv) Unit 1D consists of that portion of Trail, Dan Moller Trail, Perseverance Funerary or Mortuary ceremony and if Unit 1 north of the latitude of Eldred Trail, Granite Creek Trail, Mt. Roberts it is consistent with conservation of Rock, excluding Sullivan Island and the Trail and Nelson Water Supply Trail, healthy populations. drainages of Berners Bay; Sheep Creek Trail, and Point Bishop (ii) Immediately after the wildlife is (v) In the following areas, the taking Trail; taken, the tribal chief, village or tribal of wildlife for subsistence uses is (vii) Unit-specific regulations: council president, or the chief’s or prohibited or restricted on public lands: (A) You may hunt black bear with bait president’s designee for the village in (A) Public lands within Glacier Bay in Units 1A, 1B, and 1D between April which the religious ceremony will be National Park are closed to all taking of 15 and June 15; held must create a list of the successful wildlife for subsistence uses; (B) You may not shoot ungulates, hunters and maintain these records. The (B) Unit 1A—in the Hyder area, the bear, wolves, or wolverine from a boat, list must be made available, after the Salmon River drainage downstream unless you are certified as disabled.

Harvest limits Open season

HUNTING Black Bear: 2 bears, no more than one may be a blue or glacier bear ...... Sept. 1–June 30.

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Harvest limits Open season

Brown Bear: 1 bear every four regulatory years by State registration permit only ...... Sept. 15–Dec. 31. Mar. 15–May 31. Deer: Unit 1A—4 antlered deer ...... Aug. 1–Dec. 31. Unit 1B—2 antlered deer ...... Aug. 1–Dec. 31. Unit 1C—4 deer; however, female deer may be taken only from Sept. 15–Dec. 31 ...... Aug. 1–Dec. 31. Goat: Unit 1A—Revillagigedo Island only ...... No open season. Unit 1B—that portion north of LeConte Bay—1 goat by State registration permit only; the taking of kids or nan- Aug. 1–Dec. 31. nies accompanied by kids is prohibited. Unit 1A and Unit 1B—that portion on the Cleveland Peninsula south of the divide between Yes Bay and Santa No open season. Anna Inlet. Unit 1A and Unit 1B—remainder —2 goats; a State registration permit will be required for the taking of the first Aug. 1–Dec. 31. goat and a Federal registration permit for the taking of a second goat. The taking of kids or nannies accom- panied by kids is prohibited. Unit 1C—that portion draining into Lynn Canal and Stephens Passage between Antler River and Eagle Glacier Oct. 1–Nov. 30. and River, and all drainages of the Chilkat Range south of the Endicott River—1 goat by State registration per- mit only. Unit 1C—that portion draining into Stephens Passage and Taku Inlet between Eagle Glacier and River and Taku No open season. Glacier. Unit 1C—remainder—1 goat by State registration permit only ...... Aug. 1–Nov. 30. Unit 1D—that portion lying north of the Katzehin River and northeast of the Haines highway—1 goat by State Sept. 15–Nov. 30. registration permit only. Unit 1D—that portion lying between Taiya Inlet and River and the White Pass and Yukon Railroad ...... No open season. Unit 1D—remainder—1 goat by State registration permit only ...... Aug. 1–Dec. 31. Moose: Unit 1A—1 antlered bull by Federal registration permit ...... Sept.–Oct. 15. Unit 1B—1 antlered bull with spike-fork or 50-inch antlers or 3 or more brow tines on one side, or antlers with 2 Sept.–Oct. 15. brow tines on both sides, by State registration permit only. Unit 1C—that portion south of Point Hobart including all Port Houghton drainages—1 antlered bull with spike-fork Sept.–Oct. 15. or 50-inch antlers or 3 or more brow tines on one side, or antlers with 2 brow tines on both sides, by State registration permit only. Unit 1C—remainder, excluding drainages of Berners Bay—1 antlered bull by State registration permit only ...... Sept.–Oct. 15. Unit 1C, Berners Bay ...... No open season. Unit 1D ...... No open season. Coyote: 2 coyotes ...... Sept. 1–Apr. 30. Fox, Red (including Cross, Black, and Silver Phases): 2 foxes ...... Nov. 1–Feb. 15. Hare (Snowshoe): 5 hares per day ...... Sept. 1–Apr. 30. Lynx: 2 lynx ...... Dec. 1–Feb. 15. Wolf: 5 wolves ...... Aug. 1–Apr. 30. Wolverine: 1 wolverine ...... Nov. 10–Feb. 15. Grouse (Spruce, Blue, and Ruffed): 5 per day, 10 in possession ...... Aug. 1–May 15. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 1–May 15. TRAPPING Beaver: Unit 1—No limit ...... Dec. 1–May 15. Coyote: No limit ...... Dec. 1–Feb. 15. Fox, Red (including Cross, Black, and Silver Phases): No limit ...... Dec. 1–Feb. 15. Lynx: No limit ...... Dec. 1–Feb. 15. Marten: No limit ...... Dec. 1–Feb. 15. Mink and Weasel: No limit ...... Dec. 1–Feb. 15. Muskrat: No limit ...... Dec. 1–Feb. 15. Otter: No limit ...... Dec. 1–Feb. 15. Wolf: No limit ...... Nov. 10–Apr. 30. Wolverine: No limit ...... Nov. 10–Mar. 1.

(2) Unit 2. Unit 2 consists of Prince of east of the longitude of the westernmost (B) You may not shoot ungulates, Wales Island and all islands west of the point on Warren Island. bear, wolves, or wolverine from a boat, center lines of Clarence Strait and (i) Unit-specific regulations: unless you are certified as disabled. Kashevarof Passage, south and east of (A) You may use bait to hunt black (ii) [Reserved] the center lines of Sumner Strait, and bear between April 15 and June 15;

Harvest limits Open season

HUNTING Black Bear: 2 bears, no more than one may be a blue or glacier bear ...... Sept. 1–June 30. Deer: 5 deer; however, no more than one may be a female deer...... July 24–Dec. 31. Female deer may be taken only during the period Oct. 15–Dec. 31. You are required to report all harvest using a joint Federal/State harvest report. The harvest limit may be reduced to 4 deer based on conservation concerns.

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Harvest limits Open season

The Federal public lands on Prince of Wales Island, excluding the southeast portion (lands south of the West Arm of Cholmondeley Sound draining into Cholmondeley Sound or draining eastward into Clarence Strait), are closed to hunting of deer from Aug. 1 to Aug. 15, except by Federally qualified subsistence users hunting under these regulations. Coyote: 2 coyotes ...... Sept. 1–Apr. 30. Fox, Red (including Cross, Black, and Silver Phases): 2 foxes ...... Nov. 1–Feb. 15. Hare (Snowshoe): 5 hares per day ...... Sept. 1–Apr. 30. Lynx: 2 lynx ...... Dec. 1–Feb. 15. Wolf: 5 wolves. Federal hunting and trapping season may be closed when the combined Federal-State harvest quota Sept. 1–Mar. 31. is reached. Wolverine: 1 wolverine ...... Nov. 10–Feb. 15. Grouse (Spruce and Ruffed): 5 per day, 10 in possession ...... Aug. 1–May 15. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 1–May 15. TRAPPING Beaver: No limit ...... Dec. 1–May 15. Coyote: No limit ...... Dec. 1–Feb. 15. Fox, Red (including Cross, Black, and Silver Phases): No limit ...... Dec. 1–Feb. 15. Lynx: No limit ...... Dec. 1–Feb. 15. Marten: No limit ...... Dec. 1–Feb. 15. Mink and Weasel: No limit ...... Dec. 1–Feb. 15. Muskrat: No limit ...... Dec. 1–Feb. 15. Otter: No limit ...... Dec. 1–Feb. 15. Wolf: No limit. Any wolf taken in Unit 2 must be sealed within 30 days of harvest ...... Nov. 15–Mar. 31. Wolverine: No limit ...... Nov. 10–Mar. 1.

(3) Unit 3. (A) In the Petersburg vicinity, you each side of Blind Slough, from the (i) Unit 3 consists of all islands west may not take ungulates, bear, wolves, hunting closure markers at the of Unit 1B, north of Unit 2, south of the and wolverine along a strip one-fourth southernmost portion of Blind Island to center line of Frederick Sound, and east mile wide on each side of the Mitkof the hunting closure markers one mile of the center line of Chatham Strait Highway from Milepost 0 to Crystal south of the Blind Slough bridge. including Coronation, Kuiu, Kupreanof, Lake campground; (iii) Unit-specific regulations: Mitkof, Zarembo, Kashevaroff, (B) You may not take black bears in Woronkofski, Etolin, Wrangell, and Deer the Petersburg Creek drainage on (A) You may use bait to hunt black Islands. Kupreanof Island; bear between April 15 and June 15; (ii) In the following areas, the taking (C) You may not hunt in the Blind (B) You may not shoot ungulates, of wildlife for subsistence uses is Slough draining into Wrangell Narrows bear, wolves, or wolverine from a boat, prohibited or restricted on public lands: and a strip one-fourth mile wide on unless you are certified as disabled.

Harvest limits Open season

HUNTING Black Bear: 2 bears, no more than one may be a blue or glacier bear ...... Sept. 1–June 30. Deer: Unit 3—Mitkof, Woewodski, and Butterworth Islands—1 antlered deer ...... Oct. 15–Oct. 31. Unit 3—remainder—2 antlered deer ...... Aug. 1–Nov. 30. Dec. 1—Dec. 31, season to be announced. Moose: 1 antlered bull with spike-fork or 50-inch antlers or 3 or more brow tines on either antler, or antlers with 2 Sept. 15–Oct. 15. brow tines on both sides by State registration permit only. Coyote: 2 coyotes ...... Sept. 1–Apr. 30. Fox, Red (including Cross, Black, and Silver Phases): 2 foxes ...... Nov. 1–Feb. 15. Hare (Snowshoe): 5 hares per day ...... Sept. 1–Apr. 30. Lynx: 2 lynx ...... Dec. 1–Feb. 15. Wolf: 5 wolves ...... Aug. 1–Apr. 30. Wolverine: 1 wolverine ...... Nov. 10–Feb. 15. Grouse (Spruce, Blue, and Ruffed): 5 per day, 10 in possession ...... Aug. 1–May 15. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 1–May 15. TRAPPING Beaver: Unit 3—Mitkof Island—No limit ...... Dec. 1–Apr. 15. Unit 3—except Mitkof Island—No limit ...... Dec. 1–May 15. Coyote: No limit ...... Dec. 1–Feb. 15. Fox, Red (including Cross, Black, and Silver Phases): No limit ...... Dec. 1–Feb. 15. Lynx: No limit ...... Dec. 1–Feb. 15. Marten: Unit 3—except Kuiu Island—No limit ...... Dec. 1–Feb. 15. Unit 3—Kuiu Island ...... No open season (season to reopen to Federally qualified users on July 1, 2012).

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Harvest limits Open season

Mink and Weasel: No limit ...... Dec. 1–Feb. 15. Muskrat: No limit ...... Dec. 1–Feb. 15. Otter: No limit ...... Dec. 1–Feb. 15. Wolf: No limit ...... Nov. 10–Apr. 30. Wolverine: No limit ...... Nov. 10–Mar. 1.

(4) Unit 4. (B) You may not take brown bears in point of Gull Cove to Port Frederick (i) Unit 4 consists of all islands south the Salt Lake Closed Area (Admiralty Portage, including all drainages into and west of Unit 1C and north of Unit Island) including all lands within one- Port Frederick and Mud Bay. 3 including Admiralty, Baranof, fourth mile of Salt Lake above (iii) Unit-specific regulations: Klutchman Rock at the head of Mitchell Chichagof, Yakobi, Inian, Lemesurier, (A) You may shoot ungulates from a and Pleasant Islands. Bay; (C) You may not take brown bears in boat. You may not shoot bear, wolves, (ii) In the following areas, the taking the Port Althorp Closed Area (Chichagof or wolverine from a boat, unless you are of wildlife for subsistence uses is Island), that area within the Port certified as disabled; prohibited or restricted on public lands: Althorp watershed south of a line from (B) Five Federal registration permits (A) You may not take brown bears in Point Lucan to Salt Chuck Point (Trap will be issued by the Sitka or Hoonah the Seymour Canal Closed Area Rock); District Ranger for the taking of brown (Admiralty Island) including all (D) You may not use any motorized bear for educational purposes associated drainages into northwestern Seymour land vehicle for brown bear hunting in with teaching customary and traditional Canal between Staunch Point and the the Northeast Chichagof Controlled Use subsistence harvest and use practices. southernmost tip of the unnamed Area (NECCUA) consisting of all Any bear taken under an educational peninsula separating Swan Cove and portions of Unit 4 on Chichagof Island permit does not count in an individual’s King Salmon Bay including Swan and north of Tenakee Inlet and east of the one bear every four regulatory years Windfall Islands; drainage divide from the northwest limit.

Harvest limits Open season

HUNTING Brown Bear: Unit 4—Chichagof Island south and west of a line that follows the crest of the island from Rock Point (58° N. lat., Sept. 15–Dec. 31. 136°21′ W. long.) to Rodgers Point (57°35′ N. lat., 135°33′ W. long.) including Yakobi and other adjacent is- Mar. 15–May 31. lands; Baranof Island south and west of a line which follows the crest of the island from Nismeni Point (57°34′ N. lat., 135°25′ W. long.) to the entrance of Gut Bay (56°44′ N. lat. 134°38′ W. long.) including the drainages into Gut Bay and including Kruzof and other adjacent islands—1 bear every four regulatory years by State reg- istration permit only. Unit 4—remainder —1 bear every four regulatory years by State registration permit only ...... Sept. 15–Dec. 31. Mar. 15–May 20. Deer: 6 deer; however, female deer may be taken only from Sept. 15–Jan. 31 ...... Aug. 1–Jan. 31. Goat: 1 goat by State registration permit only ...... Aug. 1–Dec. 31. Coyote: 2 coyotes ...... Sept. 1–Apr. 30. Fox, Red (including Cross, Black, and Silver Phases): 2 foxes ...... Nov. 1–Feb. 15. Hare (Snowshoe): 5 hares per day ...... Sept. 1–Apr. 30. Lynx: 2 lynx ...... Dec. 1–Feb. 15. Wolf: 5 wolves ...... Aug. 1–Apr. 30. Wolverine: 1 wolverine ...... Nov. 10–Feb. 15. Grouse (Spruce, Blue, and Ruffed): 5 per day, 10 in possession ...... Aug. 1–May 15. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 1–May 15. TRAPPING Beaver: Unit 4—No limit ...... Dec. 1–May 15. Coyote: No limit ...... Dec. 1–Feb. 15. Fox, Red (including Cross, Black, and Silver Phases): No limit ...... Dec. 1–Feb. 15. Lynx: No limit ...... Dec. 1–Feb. 15. Marten: No limit ...... Dec. 1–Feb. 15. Mink and Weasel: No limit ...... Dec. 1–Feb. 15. Muskrat: No limit ...... Dec. 1–Feb. 15. Otter: No limit ...... Dec. 1–Feb. 15. Wolf: No limit ...... Nov. 10–Apr. 30. Wolverine: No limit ...... Nov. 10–Mar. 1.

(5) Unit 5. Bay, and the eastern edge of Hubbard (ii) You may not take wildlife for (i) Unit 5 consists of all Gulf of Alaska Glacier, and includes the islands of subsistence uses on public lands within drainages and islands between Cape Yakutat and Disenchantment Bays; Glacier Bay National Park. Fairweather and the center line of Icy (B) Unit 5B consists of the remainder (iii) Unit-specific regulations: Bay, including the Guyot Hills: of Unit 5. (A) Unit 5A consists of all drainages (A) You may use bait to hunt black east of Yakutat Bay, Disenchantment bear between April 15 and June 15;

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(B) You may not shoot ungulates, (C) You may hunt brown bear in Unit have obtained a Federal registration bear, wolves, or wolverine from a boat, 5 with a Federal registration permit in permit prior to hunting. unless you are certified as disabled; lieu of a State metal locking tag; if you

Harvest limits Open season

HUNTING Black Bear: 2 bears, no more than one may be a blue or glacier bear ...... Sept. 1–June 30. Brown Bear: 1 bear by Federal registration permit only ...... Sept. 1–May 31. Deer: Unit 5A—1 buck ...... Nov. 1–Nov. 30. Unit 5B ...... No open season. Goat: Unit 5A—that area between the Hubbard Glacier and the West Nunatak Glacier on the north and east sides of No open season. Nunatak Fjord. Unit 5A remainder—1 goat by Federal registration permit. The harvest quota will be announced prior to the sea- Aug. 1–Jan. 31. son. A minimum of four goats in the harvest quota will be reserved for Federally qualified subsistence user. Unit 5B—1 goat by Federal registration permit only ...... Aug. 1–Jan. 31. Moose: Unit 5A, Nunatak Bench—1 moose by State registration permit only. The season will be closed when 5 moose Nov. 15–Feb. 15. have been taken from the Nunatak Bench. Unit 5A, except Nunatak Bench—1 bull by joint State/Federal registration permit only. From Oct. 8–21, public Oct. 8–Nov. 15. lands will be closed to taking of moose, except by residents of Unit 5A hunting under these regulations. Unit 5B—1 antlered bull by State registration permit only. The season will be closed when 25 antlered bulls have Sept. 1–Dec. 15. been taken from the entirety of Unit 5B. Coyote: 2 coyotes ...... Sept. 1–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Nov. 1–Feb. 15. Hare (Snowshoe): 5 hares per day ...... Sept. 1–Apr. 30. Lynx: 2 lynx ...... Dec. 1–Feb. 15. Wolf: 5 wolves ...... Aug. 1–Apr. 30. Wolverine: 1 wolverine ...... Nov. 10–Feb. 15. Grouse (Spruce and Ruffed): 5 per day, 10 in possession ...... Aug. 1–May 15. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 1–May 15. TRAPPING Beaver: No limit ...... Nov. 10–May 15. Coyote: No limit ...... Nov. 10–Feb. 15. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov 10–Feb. 15. Lynx: No limit ...... Dec. 1–Feb. 15. Marten: No limit ...... Nov. 10–Feb. 15. Mink and Weasel: No limit ...... Nov. 10–Feb. 15. Muskrat: No limit ...... Dec. 1–Feb. 15. Otter: No limit ...... Nov. 10–Feb. 15. Wolf: No limit ...... Nov. 10–Apr. 30. Wolverine: No limit ...... Nov. 10–Mar. 1.

(6) Unit 6. Cottonwood Point, and drainages east of a community operating under a (i) Unit 6 consists of all Gulf of Alaska the east bank of Rude River and community harvest system. The and Prince William Sound drainages drainages into the eastern shore of designated hunter must obtain a from the center line of Icy Bay Nelson Bay and Orca Inlet; designated hunter permit and must (excluding the Guyot Hills) to Cape (D) Unit 6D consists of the remainder return a completed harvest report. The Fairfield including Kayak, of Unit 6. designated hunter may hunt for any Hinchinbrook, Montague, and adjacent (ii) Unit-specific regulations: number of recipients, but may have no islands, and Middleton Island, but (A) You may use bait to hunt black more than one harvest limit in his or her excluding the Copper River drainage bear between April 15 and June 15; possession at any one time; (B) You may take coyotes in Units 6B upstream from Miles Glacier, and (E) A hunter younger than 10 years and 6C with the aid of artificial lights; excluding the Nellie Juan and Kings (C) One permit will be issued by the old at the start of the hunt may not be River drainages: Cordova District Ranger to the Native issued a Federal subsistence permit to (A) Unit 6A consists of Gulf of Alaska Village of Eyak to take one bull moose harvest black bear, deer, goat, moose, drainages east of Palm Point near from Federal lands in Units 6B or C for wolf, and wolverine; Katalla including Kanak, Wingham, and their annual Memorial/Sobriety Day (F) A hunter younger than 10 years Kayak Islands; potlatch; old may harvest black bear, deer, goat, (B) Unit 6B consists of Gulf of Alaska (D) A Federally qualified subsistence moose, wolf, and wolverine under the and Copper River Basin drainages west user (recipient) who is either blind, 65 direct, immediate supervision of a of Palm Point near Katalla, east of the years of age or older, at least 70 percent licensed adult, at least 18 years old. The west bank of the Copper River, and east disabled, or temporarily disabled may animal taken is counted against the of a line from Flag Point to Cottonwood designate another Federally qualified adult’s harvest limit. The adult is Point; subsistence user to take any moose, responsible for ensuring that all legal (C) Unit 6C consists of drainages west deer, black bear, and beaver on his or requirements are met. of the west bank of the Copper River, her behalf in Unit 6, and goat in Unit (G) Up to five permits will be issued and west of a line from Flag Point to 6D, unless the recipient is a member of by the Cordova District Ranger to the

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Native Village of Chenega annually to will have effective dates of July 1–June up to five deer total from Federal public harvest up to five deer total from 30. lands in Unit 6D for their annual Federal public lands in Unit 6D for their (H) Up to five permits will be issued Cultural Heritage Week. Permits will annual Old Chenega Memorial. Permits by the Cordova District Ranger to the have effective dates of July 1–June 30. Tatitlek IRA Council annually to harvest

Harvest limits Open season

HUNTING Black Bear: 1 bear ...... Sept. 1–June 30. Deer: 4 deer; however, antlerless deer may be taken only from Oct. 1–Dec. 31 ...... Aug. 1–Dec. 31. Goats: Unit 6A and B—1 goat by State registration permit only ...... Aug. 20–Jan. 31. Unit 6C ...... No open season. Unit 6D (subareas RG242, RG243, RG244, RG249, RG266 and RG252 only)—1 goat by Federal registration Aug. 20–Jan. 31. permit only. In each of the Unit 6D subareas, goat seasons will be closed by the Cordova District Ranger when harvest limits for that subarea are reached. Harvest quotas are as follows: RG242—2 goats, RG243—4 goats, RG244—2 goats, RG249—4 goats, RG266—4 goats, RG252—1 goat. Moose: Unit 6C—1 antlerless moose by Federal registration permit only ...... Sept. 1–Oct. 31. Unit 6C—1 bull by Federal registration permit only ...... Sept. 1–Dec. 31. (In Unit 6C, only one moose permit may be issued per household. A household receiving a State permit for Unit 6C moose may not receive a Federal permit. The annual harvest quota will be announced by the U.S. Forest Service, Cordova Office, in consultation with ADF&G. The Federal harvest allocation will be 100% of the antlerless moose permits and 75% of the bull permits.). Unit 6—remainder ...... No open season. Beaver: 1 beaver per day, 1 in possession ...... May 1–Oct. 31. Coyote: Unit 6A and D—2 coyotes ...... Sept. 1–Apr. 30. Unit 6B and 6C—No limit ...... July 1–June 30. Fox, Red (including Cross, Black and Silver Phases) ...... No open season. Hare (Snowshoe): No limit ...... July 1–June 30. Lynx: 2 lynx ...... Nov. 10–Jan. 31. Wolf: 5 wolves ...... Aug. 10–Apr. 30. Wolverine: 1 wolverine ...... Sept. 1–Mar. 31. Grouse (Spruce): 5 per day, 10 in possession ...... Aug. 1–May 15. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 1–May 15. TRAPPING Beaver: No limit ...... Dec. 1–Apr. 30. Coyote: Unit 6C—south of the Copper River Highway and east of the Heney Range—No limit ...... Nov. 10–Apr. 30. Units 6A, 6B, 6C remainder, and 6D—No limit ...... Nov. 10–Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10–Feb. 28. Marten: No limit ...... Nov. 10–Feb. 28. Mink and Weasel: No limit ...... Nov. 10–Jan. 31. Muskrat: No limit ...... Nov. 10–June 10. Otter: No limit ...... Nov. 10–Mar. 31 Wolf: No limit ...... Nov. 10–Mar. 31. Wolverine: No limit ...... Nov. 10–Feb. 28.

(7) Unit 7. (ii) In the following areas, the taking ptarmigan, hares, and squirrels with (i) Unit 7 consists of Gulf of Alaska of wildlife for subsistence uses is shotguns after September 1. drainages between Gore Point and Cape prohibited or restricted on public lands: (C) You may not hunt moose in the Fairfield including the Nellie Juan and (A) You may not take wildlife for Resurrection Creek Closed Area in Unit Kings River drainages, and including subsistence uses in the Kenai Fjords 7, which consists of the drainages of National Park; Resurrection Creek downstream from the Kenai River drainage upstream from (B) You may not hunt in the Portage Rimrock and Highland Creeks including the Russian River, the drainages into the Glacier Closed Area in Unit 7, which Palmer Creek. south side of Turnagain Arm west of consists of Portage Creek drainages (iii) Unit-specific regulations: and including the Portage Creek ° between the Anchorage-Seward (A) You may use bait to hunt black drainage, and east of 150 W. long., and Railroad and Placer Creek in Bear bear between April 15 and June 15; all Kenai Peninsula drainages east of Valley, Portage Lake, the mouth of except in the drainages of Resurrection ° 150 W. long., from Turnagain Arm to Byron Creek, Glacier Creek, and Byron Creek and its tributaries. the Kenai River. Glacier; however, you may hunt grouse, (B) [Reserved].

Harvest limits Open season

HUNTING Black Bear: 3 bears ...... July 1–June 30. Caribou:

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Harvest limits Open season

Unit 7—north of the Sterling Highway and west of the Seward Highway—1 Caribou by Federal Registration per- Aug. 10–June 30. mit only. The Seward District Ranger will close the Federal season when 5 caribou are harvested by Federal registration permit. Unit 7, remainder ...... No open season. Moose: Unit 7—that portion draining into Kings Bay—Public lands are closed to the taking of moose by all users ...... No open season. Unit 7, remainder—1 antlered bull with spike-fork or 50-inch antlers or with 3 or more brow tines on either antler, Aug. 10–Sept. 20. by Federal registration permit only. Beaver: 1 beaver per day, 1 in possession ...... May 1–Oct. 10. Coyote: No limit ...... Sept. 1–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Nov. 1–Feb. 15. Hare (Snowshoe): No limit ...... July 1–June 30. Lynx: 2 lynx ...... Nov. 10–Jan. 31. Wolf: Unit 7—that portion within the Kenai National Wildlife Refuge—2 wolves ...... Aug. 10–Apr. 30. Unit 7, remainder—5 wolves ...... Aug. 10–Apr. 30. Wolverine: 1 wolverine ...... Sept. 1–Mar. 31. Grouse (Spruce): 10 per day, 20 in possession ...... Aug. 10–Mar. 31. Grouse (Ruffed) ...... No open season. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10–Mar. 31. TRAPPING Beaver: 20 beaver per season ...... Nov. 10–Mar. 31. Coyote: No limit ...... Nov. 10–Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10–Feb. 28. Lynx: No limit ...... Jan. 1–Jan. 31. Marten: No limit ...... Nov. 10–Jan. 31. Mink and Weasel: No limit ...... Nov. 10–Jan. 31. Muskrat: No limit ...... Nov. 10–May 15. Otter: No limit ...... Nov. 10–Feb. 28. Wolf: No limit ...... Nov. 10–Mar. 31. Wolverine: No limit ...... Nov. 10–Feb. 28.

(8) Unit 8. Unit 8 consists of all Spruce, Marmot, Sitkalidak, Amook, (i) If you have a trapping license, you islands southeast of the centerline of Uganik, and Chirikof Islands, the Trinity may take beaver with a firearm in Unit Shelikof Strait including Kodiak, Islands, the Semidi Islands, and other 8 from Nov. 10–Apr. 30. Afognak, Whale, Raspberry, Shuyak, adjacent islands. (ii) [Reserved].

Harvest limits Open season

HUNTING Brown Bear: 1 bear by Federal registration permit only. Up to 1 permit may be issued in Akhiok; up to 1 permit may Dec. 1–Dec. 15. be issued in Karluk; up to 3 permits may be issued in Larsen Bay; up to 2 permits may be issued in Old Harbor; up Apr. 1–May 15. to 2 permits may be issued in Ouzinkie; and up to 2 permits may be issued in Port Lions. Permits will be issued by the Kodiak Refuge Manager. Deer: Unit 8—all lands within the Kodiak Archipelago within the Kodiak National Wildlife Refuge, including lands on Aug. 1–Jan. 31. Kodiak, Ban, Uganik, and Afognak Islands—3 deer; however, antlerless deer may be taken only from Oct. 1–Jan. 31. Elk: Kodiak, Ban, Uganik, and Afognak Islands—1 elk per household by Federal registration permit only. The season Sept. 15–Nov. 30. will be closed by announcement of the Refuge Manager, Kodiak National Wildlife Refuge when the combined Fed- eral/State harvest reaches 15% of the herd. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Sept. 1–Feb. 15. Hare (Snowshoe): No limit ...... July 1–June 30. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10–Apr. 30. TRAPPING Beaver: 30 beaver per season ...... Nov. 10–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10–Mar. 31. Marten: No limit ...... Nov. 10–Jan. 31. Mink and Weasel: No limit ...... Nov. 10–Jan. 31. Muskrat: No limit ...... Nov. 10–June 10. Otter: No limit ...... Nov. 10–Jan. 31.

(9) Unit 9. drainages into the south side of Bristol (A) Unit 9A consists of that portion of (i) Unit 9 consists of the Alaska Bay, drainages into the north side of Unit 9 draining into Shelikof Strait and Peninsula and adjacent islands, Bristol Bay east of Etolin Point, and Cook Inlet between the southern including drainages east of False Pass, including the Sanak and Shumagin boundary of Unit 16 (Redoubt Creek) Pacific Ocean drainages west of and Islands: and the northern boundary of Katmai excluding the Redoubt Creek drainage; National Park and Preserve;

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(B) Unit 9B consists of the Kvichak 9B from April 1–May 31 and in the unless the recipient is a member of a River drainage except those lands remainder of Unit 9 from April 1–30; community operating under a drained by the Kvichak River/Bay (B) You may hunt brown bear by State community harvest system. The between the Alagnak River drainage and registration permit in lieu of a resident designated hunter must obtain a the Naknek River drainage; tag in Unit 9B, except that portion designated hunter permit and must (C) Unit 9C consists of the Alagnak within the Lake Clark National Park and return a completed harvest report and (Branch) River drainage, the Naknek Preserve, if you have obtained a State turn over all meat to the recipient. There River drainage, lands drained by the registration permit prior to hunting. is no restriction on the number of Kvichak River/Bay between the Alagnak (C) In Unit 9B, Lake Clark National possession limits the designated hunter River drainage and the Naknek River Park and Preserve, residents of Iliamna, may have in his/her possession at any drainage, and all land and water within Newhalen, Nondalton, Pedro Bay, Port one time; Katmai National Park and Preserve; Alsworth, residents of that portion of (D) Unit 9D consists of all Alaska (F) For Unit 9D, a Federally qualified the park resident zone in Unit 9B, and subsistence user (recipient) may Peninsula drainages west of a line from 13,440 permit holders, may hunt brown the southernmost head of Port Moller to designate another Federally qualified bear by Federal registration permit in subsistence user to take caribou on his the head of American Bay, including the lieu of a resident tag; ten permits will Shumagin Islands and other islands of or her behalf unless the recipient is a be available with at least one permit member of a community operating Unit 9 west of the Shumagin Islands; issued in each community; however, no (E) Unit 9E consists of the remainder under a community harvest system. The more than five permits will be issued in designated hunter must obtain a of Unit 9. a single community. The season will be (ii) In the following areas, the taking designated hunter permit and must closed when four females or ten bears of wildlife for subsistence uses is return a completed harvest report. The have been taken, whichever occurs first. prohibited or restricted on public lands: designated hunter may hunt for any (A) You may not take wildlife for The permits will be issued and closure number of recipients but may have no subsistence uses in Katmai National announcements made by the more than four harvest limits in his/her Park; Superintendent Lake Clark National possession at any one time; Park and Preserve; (B) You may not use motorized (G) The communities of False Pass, vehicles, except aircraft, boats, or (D) Residents of Iliamna, Newhalen, Nondalton, Pedro Bay, and Port King Cove, Cold Bay, Sand Point, and snowmobiles used for hunting and Nelson Lagoon annually may each take, transporting a hunter or harvested Alsworth may take up to a total of 10 bull moose in Unit 9B for ceremonial from October 1–December 31 or May animal parts from Aug. 1–Nov. 30 in the 10–25, one brown bear for ceremonial Naknek Controlled Use Area, which purposes, under the terms of a Federal registration permit from July 1–June 30. purposes, under the terms of a Federal includes all of Unit 9C within the registration permit. A permit will be Naknek River drainage upstream from Permits will be issued to individuals issued to an individual only at the and including the King Salmon Creek only at the request of a local request of a local organization. The drainage; however, you may use a organization. This 10-moose limit is not brown bear may be taken from either motorized vehicle on the Naknek-King cumulative with that permitted for Unit 9D or Unit 10 (Unimak Island) Salmon, Lake Camp, and Rapids Camp potlatches by the State; only; roads and on the King Salmon Creek (E) For Units 9C and 9E only, a trail, and on frozen surfaces of the Federally qualified subsistence user (H) You may hunt brown bear in Unit Naknek River and Big Creek. (recipient) of Units 9C and 9E may 9E with a Federal registration permit in (iii) Unit-specific regulations: designate another Federally qualified lieu of a State locking tag if you have (A) If you have a trapping license, you subsistence user of Units 9C and 9E to obtained a Federal registration permit may use a firearm to take beaver in Unit take bull caribou on his or her behalf prior to hunting.

Harvest limits Open season

HUNTING Black Bear: 3 bears ...... July 1–June 30. Brown Bear: Unit 9B—Lake Clark National Park and Preserve—Rural residents of Iliamna, Newhalen, Nondalton, Pedro Bay, July 1–June 30. Port Alsworth, residents of that portion of the park resident zone in Unit 9B; and 13,440 permit holders—1 bear by Federal registration permit only. The season will be closed by the Lake Clark National Park and Preserve Superintendent when four females or ten bear have been taken, whichever occurs first. Unit 9B, remainder—1 bear by State registration permit only ...... Sept. 1–May 31. Unit 9C—1 bear by Federal registration permit only ...... Oct. 1–May 31. The season will be closed by the Katmai National Park and Preserve Superintendent in consultation with BLM and FWS land managers and ADF&G, when six females or ten bear have been taken, whichever occurs first. Unit 9E—1 bear by Federal registration permit ...... Sept. 25–Dec. 31. Apr. 15–May 25. Caribou: Unit 9A—2 caribou; no more than 1 caribou may be a bull, and no more than 1 caribou may be taken Aug. 1– Aug. 1–Mar. 15. Jan. 31. Unit 9B —2 caribou; no more than 1 caribou may be a bull, and no more than 1 caribou may be taken Aug. 1– Aug. 1–Mar. 15. Jan. 31. Unit 9C, that portion within the Alagnak River drainage—2 caribou; no more than 1 caribou may be a bull, and Aug. 1–Mar. 15. no more than 1 caribou may be taken Aug. 1–Jan. 31. Unit 9C, remainder—Federal public lands are closed to the taking of caribou.. Unit 9D—Federal public lands are closed to the taking of caribou...... No open season. Unit 9E—Federal public lands are closed to the taking of caribou...... No open season.

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Harvest limits Open season

Sheep: Unit 9B, that portion within Lake Clark National Park and Preserve—1 ram with 3⁄4 curl or larger horn by Federal July 15–Oct. 15. registration permit only. By announcement of the Lake Clark National Park and Preserve Superintendent, the Jan. 1–Apr. 1 summer/fall season will be closed when up to 5 sheep are taken and the winter season will be closed when up to 2 sheep are taken.. Unit 9B—remainder—1 ram with 7⁄8 curl or larger horn by Federal registration permit only ...... Aug. 10–Oct. 10. Unit 9—remainder—1 ram with 7⁄8 curl or larger horn ...... Aug. 10–Sept. 20. Moose: Unit 9A—1 bull ...... Sept. 1–15. Unit 9B—1 bull ...... Aug. 20–Sept. 15. Dec. 1–Jan. 15. Unit 9C—that portion draining into the Naknek River from the north—1 bull ...... Sept. 1–15. Dec. 1–31. Unit 9C—that portion draining into the Naknek River from the south—1 bull by Federal registration permit only. Aug. 20–Sept. 15. Public lands are closed during December for the hunting of moose, except by Federally qualified subsistence Dec. 1–31. users hunting under these regulations. Unit 9C—remainder—1 bull ...... Sept. 1–15. Dec. 15–Jan. 15. Unit 9D—1 bull by Federal registration permit. Federal public lands will be closed by announcement of the Dec. 15–Jan. 20. Izembek Refuge Manager to the harvest of moose when a total of 10 bulls have been harvested between State and Federal hunts.. Unit 9E—1 bull, however only antlered bulls may be taken Dec. 1–Jan. 31 ...... Aug. 20–Sept. 20. Dec. 1–Jan. 31. Beaver: Unit 9B and 9E—2 beaver per day ...... Apr. 15–May 31. Coyote: 2 coyotes ...... Sept. 1–Apr. 30. Fox, Arctic (Blue and White): No limit ...... Dec. 1–Mar. 15. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Sept. 1–Feb. 15. Hare (Snowshoe and Tundra): No limit ...... July 1–June 30. Lynx: 2 lynx ...... Nov. 10–Feb. 28. Wolf: 10 wolves ...... Aug. 10–Apr. 30. Wolverine: 1 wolverine ...... Sept. 1–Mar. 31. Grouse (Spruce): 15 per day, 30 in possession ...... Aug. 10–Apr. 30. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10–Apr. 30. TRAPPING Beaver: No limit ...... Oct. 10–Mar. 31 2 beaver per day; only firearms may be used ...... Apr. 15–May 31. Coyote: No limit ...... Nov. 10–Mar. 31. Fox, Arctic (Blue and White): No limit ...... Nov. 10–Feb. 28. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10–Feb. 28. Lynx: No limit ...... Nov. 10–Feb. 28. Marten: No limit ...... Nov. 10–Feb. 28. Mink and Weasel: No limit ...... Nov. 10–Feb. 28. Muskrat: No limit ...... Nov. 10–June 10. Otter: No limit ...... Nov. 10–Mar. 31. Wolf: No limit ...... Nov. 10–Mar. 31. Wolverine: No limit ...... Nov. 10–Feb. 28.

(10) Unit 10. the recipient is a member of a Nelson Lagoon annually may each take, (i) Unit 10 consists of the Aleutian community operating under a from October 1–December 31 or May Islands, Unimak Island, and the Pribilof community harvest system. The 10–25, one brown bear for ceremonial Islands. designated hunter must obtain a purposes, under the terms of a Federal (ii) You may not take any wildlife designated hunter permit and must registration permit. A permit will be species for subsistence uses on Otter return a completed harvest report. The issued to an individual only at the Island in the Pribilof Islands. designated hunter may hunt for any request of a local organization. The (iii) In Unit 10—Unimak Island only, number of recipients but may have no brown bear may be taken from either a Federally qualified subsistence user more than four harvest limits in his/her Unit 9D or Unit 10 (Unimak Island) (recipient) may designate another possession at any one time. Federally qualified subsistence user to (iv) The communities of False Pass, only. take caribou on his or her behalf unless King Cove, Cold Bay, Sand Point, and

Harvest limits Open season

HUNTING Caribou: Unit 10—Unimak Island only ...... No open season. Unit 10, remainder—No limit ...... July 1–June 30. Coyote: 2 coyotes ...... Sept. 1–Apr. 30. Fox, Arctic (Blue and White Phase): No limit ...... July 1–June 30. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Sept. 1–Feb. 15. Wolf: 5 wolves ...... Aug. 10–Apr. 30.

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Harvest limits Open season

Wolverine: 1 wolverine ...... Sept. 1–Mar. 31. Ptarmigan (Rock and Willow): 20 per day, 40 in possession ...... Aug. 10–Apr. 30. TRAPPING Coyote: 2 coyotes ...... Sept. 1–Apr. 30. Fox, Arctic (Blue and White Phase): No limit ...... July 1–June 30. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Sept. 1–Feb. 28. Mink and Weasel: No limit ...... Nov. 10–Feb. 28. Muskrat: No limit ...... Nov. 10–June 10. Otter: No limit ...... Nov. 10–Mar. 31. Wolf: No limit ...... Nov. 10–Mar. 31. Wolverine: No limit ...... Nov. 10–Feb. 28.

(11) Unit 11. Unit 11 consists of that from either Chistochina or Mentasta (B) Both the elder and the minor must area draining into the headwaters of the Village may be designated by the Mt. be Federally qualified subsistence users Copper River south of Suslota Creek and Sanford Tribal Consortium to receive with a positive customary and the area drained by all tributaries into the Federal subsistence harvest permit. traditional use determination for the the east bank of the Copper River The permit may be obtained from a area they want to hunt; between the confluence of Suslota Creek Wrangell-St. Elias National Park and (C) The minor must hunt under the with the Slana River and Miles Glacier. Preserve office. direct immediate supervision of the (i) Unit-specific regulations: (ii) A joint permit may be issued to a accompanying adult, who is responsible (A) You may use bait to hunt black pair of a minor and an elder to hunt for ensuring that all legal requirements bear between April 15 and June 15; sheep during the Sept. 21–Oct. 20 hunt. are met; (B) One moose without calf may be The following conditions apply: (D) Only one animal may be harvested taken from June 20–July 31 in the (A) The permittees must be a minor with this permit. The sheep harvested Wrangell-St. Elias National Park and aged 8 to 15 years old and an will count against the harvest limits of Preserve in Unit 11 or 12 for the accompanying adult 60 years of age or both the minor and accompanying Batzulnetas Culture Camp. Two hunters older; adult.

Harvest limits Open season

HUNTING Black Bear: 3 bears ...... July 1–June 30. Brown Bear: 1 bear ...... Aug. 10–June 15. Caribou: ...... No open season. Sheep: 1 sheep ...... Aug. 10–Sept. 20. 1 sheep by Federal registration permit only by persons 60 years of age or older ...... Sept. 21–Oct. 20. Goat: Unit 11—that portion within the Wrangell-St. Elias National Park and Preserve that is bounded by the Chitina and Aug. 25–Dec. 31. Nizina rivers on the south, the Kennicott River and glacier on the southeast, and the Root Glacier on the east—1 goat by Federal registration permit only. Unit 11—the remainder of the Wrangell-St. Elias National Park and Preserve—1 goat by Federal registration per- Aug. 10–Dec. 31. mit only. Unit 11—that portion outside of the Wrangell-St. Elias National Park and Preserve ...... No open season. Federal public lands will be closed by announcement of the Superintendent, Wrangell-St. Elias National Park and Preserve to the harvest of goats when a total of 45 goats has been harvested between Federal and State hunts. Moose: 1 antlered bull by Federal registration permit only ...... Aug 20–Sept. 20. Muskrat: No limit ...... Sept. 20–Jun. 10. Beaver: 1 beaver per day, 1 in possession ...... June 1–Oct. 10. Coyote: 10 coyotes ...... Aug. 10–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken prior to Sept. 1–Mar. 15. Oct.1. Hare (Snowshoe): No limit ...... July 1–June 30. Lynx: 2 lynx ...... Nov. 10–Feb. 28. Wolf: 10 wolves ...... Aug. 10–Apr. 30. Wolverine: 1 wolverine ...... Sept. 1–Jan. 31. Grouse (Spruce, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10–Mar. 31. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10–Mar. 31. TRAPPING Beaver: No limit ...... Sept. 25—May 31. Coyote: No limit ...... Nov. 10–Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10–Feb. 28. Lynx: No limit ...... Nov. 10–Feb. 28. Marten: No limit ...... Nov. 10–Feb. 28. Mink and Weasel: No limit ...... Nov. 10–Feb. 28. Muskrat: No limit ...... Nov. 10–June 10. Otter: No limit ...... Nov. 10–Mar. 31. Wolf: No limit ...... Nov. 10–Mar. 31.

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Harvest limits Open season

Wolverine: No limit ...... Nov. 10–Feb. 28.

(12) Unit 12. Unit 12 consists of the Wrangell-St. Elias National Park and accompanying adult 60 years of age or Tanana River drainage upstream from Preserve in Unit 11 or 12 for the older; the Robertson River, including all Batzulnetas Culture Camp. Two hunters (B) Both the elder and the minor must drainages into the east bank of the from either Chistochina or Mentasta be Federally qualified subsistence users Robertson River, and the White River Village may be designated by the Mt. with a positive customary and drainage in Alaska, but excluding the Sanford Tribal Consortium to receive traditional use determination for the Ladue River drainage. the Federal subsistence harvest permit. area they want to hunt; (i) Unit-specific regulations: The permit may be obtained from a (A) You may use bait to hunt black (C) The minor must hunt under the bear between April 15 and June 30; you Wrangell–St. Elias National Park and direct immediate supervision of the may use bait to hunt wolves on FWS Preserve office. accompanying adult, who is responsible and BLM lands; (ii) A joint permit may be issued to a for ensuring that all legal requirements (B) You may not use a steel trap, or pair of a minor and an elder to hunt are met; a snare using cable smaller than 3⁄32 sheep during the Sept. 21–Oct. 20 hunt. (D) Only one animal may be harvested inch diameter to trap coyotes or wolves The following conditions apply: with this permit. The sheep harvested in Unit 12 during April and October; will count against the harvest limits of (C) One moose without calf may be (A) The permittees must be a minor both the minor and accompanying taken from June 20–July 31 in the aged 8 to 15 years old and an adult.

Harvest limits Open season

HUNTING Black Bear: 3 bears ...... July 1–June 30. Brown Bear: 1 bear ...... Aug. 10–June 30. Caribou: Unit 12—that portion of the Nabesna River drainage within the Wrangell–St. Elias National Park and Preserve No open season. and all Federal lands south of the Winter Trail running southeast from Pickerel Lake to the Canadian border— All hunting of caribou is prohibited on Federal public lands. Unit 12—remainder—1 bull ...... Sept. 1–20. Unit 12—remainder—1 caribou may be taken by a Federal registration permit during a winter season to be an- Winter season to be an- nounced. Dates for a winter season to occur between Oct. 1 and Apr. 30 and sex of animal to be taken will be nounced. announced by Tetlin National Wildlife Refuge Manager in consultation with Wrangell–St. Elias National Park and Preserve Superintendent, Alaska Department of Fish and Game area biologists, and Chairs of the Eastern Interior Regional Advisory Council and Upper Tanana/Fortymile Fish and Game Advisory Committee. Sheep: Unit 12—1 ram with full curl or larger horn ...... Aug. 10–Sept. 20. Unit 12—that portion within Wrangell–St. Elias National Park and Preserve—1 ram with full curl horn or larger by Sept. 21–Oct. 20. Federal registration permit only by persons 60 years of age or older. Moose: Unit 12—that portion within the Tetlin National Wildlife Refuge and those lands within the Wrangell-St. Elias Na- Aug. 24–28. tional Preserve north and east of a line formed by the Pickerel Lake Winter Trail from the Canadian border to Sept. 8–17. Pickerel Lake—1 antlered bull. The Nov.–Dec. season is open by Federal registration permit only. Nov. 20–Dec 10. Unit 12—that portion east of the Nabesna River and Nabesna Glacier, and south of the Winter Trail running Aug. 24–Sept. 30. southeast from Pickerel Lake to the Canadian border—1 antlered bull. Unit 12—remainder—1 antlered bull with spike/fork antlers ...... Aug. 15–23.. Unit 12—remainder—1 antlered bull ...... Aug. 24–28. Sept. 1–17. Beaver: Unit 12—Wrangell–Saint Elias National Park and Preserve—6 beaver per season. Meat from harvested bea- Sept. 20–May 15. ver must be salvaged for human consumption. Coyote: 10 coyotes ...... Aug. 10–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken prior to Sept. 1–Mar. 15. Oct. 1. Hare (Snowshoe): No limit ...... July 1–June 30. Lynx: 2 lynx ...... Nov. 1–Mar. 15. Wolf: 10 wolves ...... Aug. 10–Apr. 30. Wolverine: 1 wolverine ...... Sept. 1–Mar. 31 Grouse (Spruce, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10–Mar. 31. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10–Apr. 30. TRAPPING Beaver: 15 beaver per season. Only firearms may be used during Sept. 20–Oct. 31 and Apr. 16–May 15, to take up Sept. 20–May 15. to 6 beaver. Only traps or snares may be used Nov. 1–Apr. 15. The total annual harvest limit for beaver is 15, of which no more than 6 may be taken by firearm under trapping or hunting regulations. Meat from beaver harvested by firearm must be salvaged for human consumption. Coyote: No limit ...... Oct. 15–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1–Feb. 28. Lynx: No limit; however, no more than 5 lynx may be taken between Nov. 1 and Nov. 30 ...... Nov. 1–Dec. 31. Marten: No limit ...... Nov. 1–Feb. 28. Mink and Weasel: No limit ...... Nov. 1–Feb. 28.

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Harvest limits Open season

Muskrat: No limit ...... Sept. 20–June 10. Otter: No limit ...... Nov. 1–Apr. 15. Wolf: No limit ...... Oct. 1–Apr. 30. Wolverine: No limit ...... Nov. 1–Feb. 28.

(13) Unit 13. lake, then across the divide into the line across the Delta River to Mile 236.7 (i) Unit 13 consists of that area Tyone River drainage, down an Richardson Highway, then north along westerly of the east bank of the Copper unnamed stream into the Tyone River, the Richardson Highway to its junction River and drained by all tributaries into then down the Tyone River to the with the Alaska Highway, then east the west bank of the Copper River from Susitna River, then down the southern along the Alaska Highway to the west Miles Glacier and including the Slana bank of the Susitna River to the mouth bank of the Johnson River, then south River drainages north of Suslota Creek; of Kosina Creek, then up Kosina Creek along the west bank of the Johnson the drainages into the Delta River to its headwaters, then across the divide River and Johnson Glacier to the head upstream from Falls Creek and Black and down Aspen Creek to the Talkeetna of the Cantwell Glacier, then west along Rapids Glacier; the drainages into the River, then southerly along the the north bank of the Cantwell Glacier Nenana River upstream from the boundary of Unit 13 to the Chickaloon and Miller Creek to the Delta River; southeast corner of Denali National Park River bridge, the point of beginning; (C) Except for access and at Windy; the drainage into the Susitna (B) Unit 13B consists of that portion transportation of harvested wildlife on River upstream from its junction with of Unit 13 bounded by a line beginning Sourdough and Haggard Creeks, Middle the Chulitna River; the drainage into the at the confluence of the Copper River Fork trails, or other trails designated by east bank of the Chulitna River and the Gulkana River, then up the east the Board, you may not use motorized upstream to its confluence with bank of the Copper River to the Gakona vehicles for subsistence hunting in the Tokositna River; the drainages of the River, then up the Gakona River and Sourdough Controlled Use Area. The Chulitna River (south of Denali National Gakona Glacier to the boundary of Unit Sourdough Controlled Use Area consists Park) upstream from its confluence with 13, then westerly along the boundary of of that portion of Unit 13B bounded by the Tokositna River; the drainages into Unit 13 to the Susitna Glacier, then a line beginning at the confluence of the north bank of the Tokositna River southerly along the west bank of the Sourdough Creek and the Gulkana upstream to the base of the Tokositna Susitna Glacier and the Susitna River to River, then northerly along Sourdough Glacier; the drainages into the Tokositna the Tyone River, then up the Tyone Creek to the Richardson Highway at Glacier; the drainages into the east bank River and across the divide to the approximately Mile 148, then northerly along the Richardson Highway to the of the Susitna River between its headwaters of the West Fork of the Middle Fork Trail at approximately Mile confluences with the Talkeetna and Gulkana River, then down the West 170, then westerly along the trail to the Chulitna Rivers; the drainages into the Fork of the Gulkana River to the Gulkana River, then southerly along the north and east bank of the Talkeetna confluence of the Gulkana River and the east bank of the Gulkana River to its River including the Talkeetna River to Copper River, the point of beginning; (C) Unit 13C consists of that portion confluence with Sourdough Creek, the its confluence with Clear Creek, the of Unit 13 east of the Gakona River and point of beginning; eastside drainages of a line going up the Gakona Glacier; (D) You may not use any motorized south bank of Clear Creek to the first (D) Unit 13D consists of that portion vehicle or pack animal for hunting, unnamed creek on the south, then up of Unit 13 south of Unit 13A; including the transportation of hunters, that creek to lake 4408, along the (E) Unit 13E consists of the remainder their hunting gear, and/or parts of game northeast shore of lake 4408, then of Unit 13. from July 26–September 30 in the southeast in a straight line to the (ii) Within the following areas, the Tonsina Controlled Use Area. The northern most fork of the Chickaloon taking of wildlife for subsistence uses is Tonsina Controlled Use Area consists of River; the drainages into the east bank prohibited or restricted on public lands: that portion of Unit 13D bounded on the of the Chickaloon River below the line (A) You may not take wildlife for west by the Richardson Highway from from lake 4408; the drainages of the subsistence uses on lands within Mount the Tiekel River to the Tonsina River at Matanuska River above its confluence McKinley National Park as it existed Tonsina, on the north along the south with the Chickaloon River: prior to December 2, 1980. Subsistence bank of the Tonsina River to where the (A) Unit 13A consists of that portion uses as authorized by this paragraph Edgerton Highway crosses the Tonsina of Unit 13 bounded by a line beginning (m)(13) are permitted in Denali National River, then along the Edgerton Highway at the Chickaloon River bridge at Mile Preserve and lands added to Denali to Chitina, on the east by the Copper 77.7 on the Glenn Highway, then along National Park on December 2, 1980; River from Chitina to the Tiekel River, the Glenn Highway to its junction with (B) You may not use motorized and on the south by the north bank of the Richardson Highway, then south vehicles or pack animals for hunting the Tiekel River. along the Richardson Highway to the from Aug. 5–25 in the Delta Controlled (iii) Unit-specific regulations: foot of Simpson Hill at Mile 111.5, then Use Area, the boundary of which is (A) You may use bait to hunt black east to the east bank of the Copper defined as: a line beginning at the bear between April 15 and June 15; River, then northerly along the east bank confluence of Miller Creek and the Delta (B) Upon written request by the Camp of the Copper River to its junction with River, then west to vertical angle Director to the Glennallen Field Office, the Gulkana River, then northerly along benchmark Miller, then west to include 2 caribou, sex to be determined by the the west bank of the Gulkana River to all drainages of Augustana Creek and Glennallen Field Office Manager of the its junction with the West Fork of the Black Rapids Glacier, then north and BLM, may be taken from Aug. 10–Sept. Gulkana River, then westerly along the east to include all drainages of 30 or Oct. 21–Mar. 31 by Federal west bank of the West Fork of the McGinnis Creek to its confluence with registration permit for the Hudson Lake Gulkana River to its source, an unnamed the Delta River, then east in a straight Residential Treatment Camp.

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Additionally, 1 bull moose may be taken Glennallen Field Office, either 1 bull the camp closes, whichever comes first. Aug. 1–Sept. 20. The animals may be moose or 2 caribou, sex to be No combination of caribou and moose is taken by any Federally qualified hunter determined by the Glennallen Field allowed. The animals may be taken by designated by the Camp Director. The Office Manager of the Bureau of Land any Federally qualified hunter hunter must have in his/her possession Management, may be taken from Aug 1– designated by the Camp Director. The the permit and a designated hunter Sept. 20 for 1 moose or Aug. 10–Sept. hunter must have in his/her possession permit during all periods that are being 20 for 2 caribou by Federal registration the permit and a designated hunter hunted; permit for the Ahtna Heritage permit during all periods that are being (C) Upon written request from the Foundation’s culture camp. The permit hunted. Ahtna Heritage Foundation to the will expire on September 20 or when

Harvest limits Open season

HUNTING Black Bear: 3 bears ...... July 1–June 30. Brown Bear: 1 bear. Bears taken within Denali National Park must be sealed within 5 days of harvest. That portion Aug. 10–May 31. within Denali National Park will be closed by announcement of the Superintendent after 4 bears have been har- vested. Caribou: Unit 13A and 13B—2 caribou by Federal registration permit only. The sex of animals that may be taken will be Aug. 10–Sept. 30. announced by the Glennallen Field Office Manager of the Bureau of Land Management in consultation with the Oct. 21–Mar. 31. Alaska Department of Fish and Game area biologist and Chairs of the Eastern Interior Regional Advisory Council and the Southcentral Regional Advisory Council. Unit 13—remainder—2 bulls by Federal registration permit only ...... Aug. 10–Sept. 30. You may not hunt within the Trans-Alaska Oil Pipeline right-of-way. The right-of-way is the area occupied by the Oct. 21–Mar. 31. pipeline (buried or above ground) and the cleared area 25 feet on either side of the pipeline. Sheep: Unit 13, excluding Unit 13D and the Tok Management Area and Delta Controlled Use Area—1 ram with 7⁄8 Aug. 10–Sept. 20. curl or larger horn. Moose: Unit 13E—1 antlered bull moose by Federal registration permit only; only 1 permit will be issued per household .. Aug. 1–Sept. 20. Unit 13—remainder—1 antlered bull moose by Federal registration permit only. Aug. 1–Sept. 20. Beaver: 1 beaver per day, 1 in possession ...... June 15–Sept. 10. Coyote: 10 coyotes ...... Aug. 10–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken prior to Sept. 1–Mar. 15. Oct.1. Hare (Snowshoe): No limit ...... July 1–June 30. Lynx: 2 lynx ...... Nov. 10–Feb. 28. Wolf: 10 wolves ...... Aug. 10–Apr. 30. Wolverine: 1 wolverine ...... Sept. 1–Jan. 31. Grouse (Spruce, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10–Mar. 31. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10–Mar. 31. TRAPPING Beaver: No limit ...... Sept. 25–May 31. Coyote: No limit ...... Nov. 10–Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10–Feb. 28. Lynx: No limit ...... Nov. 10–Feb. 28. Marten: Unit 13—No limit ...... Nov. 10–Feb. 28. Mink and Weasel: No limit ...... Nov. 10–Feb. 28. Muskrat: No limit ...... Sept. 25–June 10. Otter: No limit ...... Nov. 10–Mar. 31. Wolf: No limit ...... Oct. 15–Apr. 30. Wolverine: No limit ...... Nov. 10–Jan. 31.

(14) Unit 14. unnamed creek on the south, then up by Cook Inlet, Knik Arm, the south bank (i) Unit 14 consists of drainages into that creek to lake 4408, along the of the Knik River from its mouth to its the north side of Turnagain Arm west of northeast shore of lake 4408, then junction with Knik Glacier, across the and excluding the Portage Creek southeast in a straight line to the face of Knik Glacier and along the north drainage, drainages into Knik Arm northern most fork of the Chickaloon side of Knik Glacier to the Unit 6 River: boundary; excluding drainages of the Chickaloon (B) Unit 14B consists of that portion and Matanuska Rivers in Unit 13, (A) Unit 14A consists of drainages in of Unit 14 north of Unit 14A; drainages into the north side of Cook Unit 14 bounded on the west by the east (C) Unit 14C consists of that portion Inlet east of the Susitna River, drainages bank of the Susitna River, on the north of Unit 14 south of Unit 14A. into the east bank of the Susitna River by the north bank of Willow Creek and (ii) In the following areas, the taking downstream from the Talkeetna River, Peters Creek to its headwaters, then east of wildlife for subsistence uses is and drainages into the south and west along the hydrologic divide separating prohibited or restricted on public lands: bank of the Talkeetna River to its the Susitna River and Knik Arm (A) You may not take wildlife for confluence with Clear Creek, the west drainages to the outlet creek at lake subsistence uses in the Fort Richardson side drainages of a line going up the 4408, on the east by the eastern and Elmendorf Air Force Base south bank of Clear Creek to the first boundary of Unit 14, and on the south Management Areas, consisting of the

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Fort Richardson and Elmendorf Military Management Area, consisting of all Richardson military reservations and Reservations; drainages south of Elmendorf and Fort north of and including Rainbow Creek. (B) You may not take wildlife for (iii) Unit-specific regulations: subsistence uses in the Anchorage

Harvest limits Open season

HUNTING Black Bear: Unit 14C—1 bear ...... Jul. 1–Jun. 30. Beaver: Unit 14C—1 beaver per day, 1 in possession ...... May 15–Oct. 31. Coyote: Unit 14C—2 coyotes ...... Sept. 1–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): Unit 14C—2 foxes ...... Nov. 1–Feb. 15. Hare (Snowshoe): Unit 14C—5 hares per day ...... Sept. 8–Apr. 30. Lynx: Unit 14C—2 lynx ...... Dec. 1–Jan. 31. Wolf: Unit 14C—5 wolves ...... Aug. 10–Apr. 30. Wolverine: Unit 14C—1 wolverine ...... Sept. 1–Mar. 31. Grouse (Spruce and Ruffed): Unit 14C—5 per day, 10 in possession ...... Sept. 8–Mar. 31. Ptarmigan (Rock, Willow, and White-tailed): Unit 14C—10 per day, 20 in possession ...... Sept. 8–Mar. 31. TRAPPING Beaver: Unit 14C—that portion within the drainages of Glacier Creek, Kern Creek, Peterson Creek, the Twentymile Dec. 1–Apr. 15. River and the drainages of Knik River outside Chugach State Park—20 beaver per season. Coyote: Unit 14C—No limit ...... Nov. 10–Feb. 28. Fox, Red (including Cross, Black and Silver Phases): Unit 14C—1 fox ...... Nov. 10–Feb. 28. Lynx: Unit 14C—No limit ...... Dec. 15–Jan. 31. Marten: Unit 14C—No limit ...... Nov. 10–Jan. 31. Mink and Weasel: Unit 14C—No limit ...... Nov. 10–Jan. 31. Muskrat: Unit 14C—No limit ...... Nov. 10–May 15. Otter: Unit 14C—No limit ...... Nov. 10–Feb. 28. Wolf: Unit 14C—No limit ...... Nov. 10–Feb. 28. Wolverine: Unit 14C—2 wolverines ...... Nov. 10–Jan. 31.

(15) Unit 15. (B) Unit 15B consists of that portion westerly along the north shore of Skilak (i) Unit 15 consists of that portion of of Unit 15 south of the north bank of the Lake to Lower Skilak Lake Campground, the Kenai Peninsula and adjacent Kenai River and the north shore of then northerly along the Lower Skilak islands draining into the Gulf of Alaska, Skilak Lake, and north of the north bank Lake Campground Road and the Skilak Cook Inlet, and Turnagain Arm from of the Kasilof River, the north shore of Loop Road to its westernmost junction Gore Point to the point where longitude Tustumena Lake, Glacier Creek, and with the Sterling Highway, then easterly line 150°00′ W. crosses the coastline of Tustumena Glacier; along the Sterling Highway to the point (C) Unit 15C consists of the remainder Chickaloon Bay in Turnagain Arm, of beginning. of Unit 15. (iii) Unit-specific regulations: including that area lying west of (ii) You may not take wildlife, except ° ′ (A) You may use bait to hunt black longitude line 150 00 W. to the mouth for grouse, ptarmigan, and hares that bear between April 15 and June 15; of the Russian River, then southerly may be taken only from October 1– along the Chugach National Forest March 1 by bow and arrow only, in the (B) You may not trap furbearers for boundary to the upper end of Upper Skilak Loop Management Area, which subsistence in the Skilak Loop Wildlife Russian Lake; and including the consists of that portion of Unit 15A Management Area; drainages into Upper Russian Lake west bounded by a line beginning at the (C) You may not trap marten in that of the Chugach National Forest easternmost junction of the Sterling portion of Unit 15B east of the Kenai boundary: Highway and the Skilak Loop (milepost River, Skilak Lake, Skilak River, and (A) Unit 15A consists of that portion 76.3), then due south to the south bank Skilak Glacier; of Unit 15 north of the north bank of the of the Kenai River, then southerly along (D) You may not take red fox in Unit Kenai River and the north shore of the south bank of the Kenai River to its 15 by any means other than a steel trap Skilak Lake; confluence with Skilak Lake, then or snare.

Harvest limits Open season

HUNTING Black Bear: Units 15A and 15B—2 bears by Federal registration permit ...... Jul. 1–Jun. 30. Unit 15C—3 bears ...... Jul. 1–Jun. 30. Brown Bear: Unit 15C—1 bear every four regulatory years by Federal registration permit. The season may be opened Oct. 1–Nov. 30. to be or closed by announcement from the Kenai National Wildlife Refuge Manager after consultation with ADF&G and announced and the Chair of the Southcentral Alaska Subsistence Regional Advisory Council. Apr. 1–Jun. 15, to be an- nounced. Moose: Unit 15A—Skilak Loop Wildlife Management Area ...... No open season. Unit 15A—remainder, 15B, and 15C—1 antlered bull with spike-fork or 50-inch antlers or with 3 or more brow Aug. 10–Sept. 20. tines on either antler, by Federal registration permit only.

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Harvest limits Open season

Units 15B and 15C—1 antlered bull with spike-fork or 50-inch antlers or with 3 or more brow tines on either ant- Oct. 20–Nov. 10. ler, by Federal registration permit only. The Kenai NWR Refuge Manager is authorized to close the October/ November season based on conservation concerns, in consultation with ADF&G and the Chair of the Southcentral Alaska Subsistence Regional Advisory Council. Coyote: No limit ...... Sept. 1–Apr. 30. Hare (Snowshoe): No limit ...... July 1–Jun. 30. Lynx: 2 lynx ...... Nov. 10–Jan. 31. Wolf: Unit 15—that portion within the Kenai National Wildlife Refuge—2 wolves ...... Aug. 10–Apr. 30. Unit 15—remainder—5 wolves ...... Aug. 10–Apr. 30. Wolverine: 1 wolverine ...... Sept. 1–Mar. 31. Grouse (Spruce): 15 per day, 30 in possession ...... Aug. 10–Mar. 31. Grouse (Ruffed): ...... No open season. Ptarmigan (Rock, Willow, and White-tailed):. Unit 15A and 15B—20 per day, 40 in possession ...... Aug. 10–Mar. 31. Unit 15C—20 per day, 40 in possession ...... Aug. 10–Dec. 31. Unit 15C—5 per day, 10 in possession ...... Jan. 1–Mar. 31. TRAPPING Beaver: 20 Beaver per season ...... Nov. 10–Mar. 31. Coyote: No limit ...... Nov. 10–Mar. 31. Fox, Red (including Cross, Black and Silver Phases): 1 Fox ...... Nov. 10–Feb. 28. Lynx: No limit ...... Jan. 1–Jan. 31. Marten: Unit 15B—that portion east of the Kenai River, Skilak Lake, Skilak River, and Skilak Glacier ...... No open season. Remainder of Unit 15—No limit ...... Nov. 10–Jan. 31. Mink and Weasel: No limit ...... Nov. 10–Jan. 31. Muskrat: No limit ...... Nov. 10–May 15. Otter: Unit 15—No limit ...... Nov. 10–Feb. 28. Wolf: No limit ...... Nov. 10–Mar. 31. Wolverine: Unit 15B and C—No limit ...... Nov. 10–Feb. 28.

(16) Unit 16. into the south side of the Tokositna (ii) You may not take wildlife for (i) Unit 16 consists of the drainages River upstream to the base of the subsistence uses in the Mount McKinley into Cook Inlet between Redoubt Creek Tokositna Glacier, including the National Park, as it existed prior to and the Susitna River, including drainage of the Kahiltna Glacier: December 2, 1980. Subsistence uses as Redoubt Creek drainage, Kalgin Island, (A) Unit 16A consists of that portion authorized by this paragraph (m)(16) are and the drainages on the west side of of Unit 16 east of the east bank of the permitted in Denali National Preserve the Susitna River (including the Susitna Yentna River from its mouth upstream and lands added to Denali National Park River) upstream to its confluence with to the Kahiltna River, east of the east on December 2, 1980. the Chulitna River; the drainages into bank of the Kahiltna River, and east of (iii) Unit-specific regulations: the west side of the Chulitna River the Kahiltna Glacier; (A) You may use bait to hunt black (including the Chulitna River) upstream (B) Unit 16B consists of the remainder bear between April 15 and June 15. to the Tokositna River, and drainages of Unit 16. (B) [Reserved]

Harvest limits Open season

HUNTING Black Bear: 3 bears ...... July 1–June 30. Caribou: 1 caribou ...... Aug. 10–Oct. 31. Moose: Unit 16B—Redoubt Bay Drainages south and west of, and including the Kustatan River drainage—1 bull ...... Sept. 1–15. Unit 16B––Denali National Preserve only—1 bull by Federal registration permit. One Federal registration permit Sept. 1–30 for moose issued per household. Dec. 1–Feb. 28 Unit 16B, remainder—1 bull ...... Sept. 1–30. Dec. 1–Feb. 28. Coyote: 2 coyotes ...... Sept. 1–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Sept. 1–Feb. 15. Hare (Snowshoe): No limit ...... July 1–Jun. 30. Lynx: 2 lynx ...... Dec. 1–Jan. 31. Wolf: 5 wolves ...... Aug. 10–Apr. 30. Wolverine: 1 wolverine ...... Sept. 1–Mar. 31. Grouse (Spruce and Ruffed): 15 per day, 30 in possession ...... Aug. 10–Mar. 31. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10–Mar. 31. TRAPPING Beaver: No limit ...... Oct. 10–May 15. Coyote: No limit ...... Nov. 10–Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10–Feb. 28. Lynx: No limit ...... Dec. 15–Jan. 31. Marten: No limit ...... Nov. 10–Feb. 28.

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Harvest limits Open season

Mink and Weasel: No limit ...... Nov. 10–Jan. 31. Muskrat: No limit ...... Nov. 10–Jun. 10. Otter: No limit ...... Nov. 10–Mar. 31. Wolf: No limit ...... Nov. 10–Mar. 31. Wolverine: No limit ...... Nov. 10–Feb. 28.

(17) Unit 17. (C) Unit 17C consists of the remainder (A) You may use bait to hunt black (i) Unit 17 consists of drainages into of Unit 17. bear between April 15 and June 15; Bristol Bay and the Bering Sea between (ii) In the following areas, the taking (B) You may hunt brown bear by State Etolin Point and Cape Newenham, and of wildlife for subsistence uses is registration permit in lieu of a resident all islands between these points prohibited or restricted on public lands: including Hagemeister Island and the (A) Except for aircraft and boats and tag if you have obtained a State Walrus Islands: in legal hunting camps, you may not use registration permit prior to hunting; (A) Unit 17A consists of the drainages any motorized vehicle for hunting (C) [Reserved] between Cape Newenham and Cape ungulates, bears, wolves, and wolverine, (D) If you have a trapping license, you Constantine, and Hagemeister Island including transportation of hunters and may use a firearm to take beaver in Unit and the Walrus Islands; parts of ungulates, bear, wolves, or 17 from April 15–May 31. You may not (B) Unit 17B consists of the Nushagak wolverine in the Upper Mulchatna take beaver with a firearm under a River drainage upstream from, and Controlled Use Area consisting of Unit trapping license on National Park including the Mulchatna River drainage 17B, from Aug. 1–Nov. 1. and the Wood River drainage upstream (B) [Reserved] Service lands. from the outlet of Lake Beverley; (iii) Unit-specific regulations:

Harvest limits Open season

HUNTING Black Bear: 2 bears ...... Aug. 1–May 31. Brown Bear: Unit 17—1 bear by State registration permit only ...... Sept. 1–May 31. Caribou: Unit 17A—all drainages west of Right Hand Point—2 caribou; no more than 1 caribou may be a bull, and no Aug. 1–Mar. 15. more than 1 caribou may be taken Aug. 1–Jan. 31. The season may be closed and harvest limit reduced for the drainages between the Togiak River and Right Hand Point by announcement of the Togiak National Wild- life Refuge Manager. Units 17A and 17C—that portion of 17A and 17C consisting of the Nushagak Peninsula south of the Igushik Aug. 1–Sept. 30. River, Tuklung River and Tuklung Hills, west to Tvativak Bay—up to 2 caribou by Federal registration permit. Dec. 1–Mar. 31. Public lands are closed to the taking of caribou except by residents of Togiak, Twin Hills, Manokotak, Aleknagik, Dillingham, Clark’s Point, and Ekuk hunting under these regulations. The harvest objective, harvest limit, and the number of permits available will be announced by the Togiak National Wildlife Refuge Manager after consultation with the Alaska Department of Fish and Game and the Nushagak Peninsula Caribou Plan- ning Committee. Successful hunters must report their harvest to the Togiak National Wildlife Refuge within 24 hours after returning from the field. The season may be closed by announcement of the Togiak National Wild- life Refuge Manager. Units 17A remainder and 17C remainder—selected drainages; a harvest limit of up to 2 caribou will be deter- Season to occur some- mined at the time the season is announced. Season, harvest limit, and hunt area to be announced by the time within Aug. 1– Togiak National Wildlife Refuge Manager. Mar. 31. Units 17B and 17C—that portion of 17C east of the Wood River and Wood River Lakes—2 caribou; no more Aug. 1–Mar. 15. than 1 caribou may be a bull, and no more than 1 caribou from Aug. 1–Jan. 31. Sheep: 1 ram with full curl or larger horn ...... Aug. 10–Sept. 20. Moose: Unit 17A—1 bull by State registration permit ...... Aug. 25–Sept. 20. Unit 17A—that portion that includes the area east of the west shore of Nenevok Lake, east of the west bank of Winter season to be an- the Kemuk River, and east of the west bank of the Togiak River south from the confluence Togiak and Kemuk nounced. Rivers—1 antlered bull by State registration permit. Up to a 14-day season during the period Dec. 1–Jan. 31 may be opened or closed by the Togiak National Wildlife Refuge Manager after consultation with ADF&G and local users. Unit 17B—that portion that includes all the Mulchatna River drainage upstream from and including the Chilchitna Aug. 20–Sept. 15. River drainage—1 bull by State registration permit. During the period Sept. 1–15, a spike/fork bull or a bull with 50-inch antlers or with 3 or more brow tines on one side may be taken with a State harvest ticket.. Unit 17C—that portion that includes the Iowithla drainage and Sunshine Valley and all lands west of Wood River Aug. 20–Sept. 15. and south of Aleknagik Lake—1 bull by State registration permit. During the period Sept. 1–15, a spike/fork bull or a bull with 50-inch antlers or with 3 or more brow tines on one side may be taken with a State harvest ticket. Unit 17B—remainder and 17C—remainder—1 bull by State registration permit. During the period Sept. 1–15, a Aug. 20–Sept. 15. spike/fork bull or a bull with 50-inch antlers or with 3 or more brow tines on one side may be taken with a Dec. 1–31. State harvest ticket. Coyote: 2 coyotes ...... Sept. 1–Apr. 30. Fox, Arctic (Blue and White Phase): No limit ...... Dec. 1–Mar. 15. Fox, Red (including Cross, Black and Silver Phases): 2 foxes ...... Sept. 1–Feb. 15. Hare (Snowshoe and Tundra): No limit ...... July 1–June 30. Lynx: 2 lynx ...... Nov. 10–Feb. 28.

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Harvest limits Open season

Wolf: 10 wolves ...... Aug. 10–Apr. 30. Wolverine: 1 wolverine ...... Sept. 1–Mar. 31. Grouse (Spruce and Ruffed): 15 per day, 30 in possession ...... Aug. 10–Apr. 30. Ptarmigan (Rock and Willow): 20 per day, 40 in possession ...... Aug. 10–Apr. 30. TRAPPING Beaver: Unit 17—No limit ...... Oct. 10–Mar. 31. Unit 17—2 beaver per day. Only firearms may be used ...... Apr. 15–May 31. Coyote: No limit ...... Nov. 10–Mar. 31. Fox, Arctic (Blue and White Phase): No limit ...... Nov. 10–Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 10–Mar. 31. Lynx: No limit ...... Nov. 10–Mar. 31. Marten: No limit ...... Nov. 10–Feb. 28. Mink and Weasel: No limit ...... Nov. 10–Feb. 28. Muskrat: 2 muskrats ...... Nov. 10–Feb. 28. Otter: No limit ...... Nov. 10–Mar. 31. Wolf: No limit ...... Nov. 10–Mar. 31. Wolverine: No limit ...... Nov. 10–Feb. 28.

(18) Unit 18. of Paimiut, then back to Lower Kalskag, tag if you have obtained a State (i) Unit 18 consists of that area you are not allowed to use aircraft for registration permit prior to hunting; draining into the Yukon and hunting any ungulate, bear, wolf, or (C) You may take caribou from a boat Kuskokwim Rivers downstream from a wolverine, including the transportation moving under power in Unit 18. straight line drawn between Lower of any hunter and ungulate, bear, wolf, Kalskag and Paimiut and the drainages or wolverine part; however, this does (D) You may take moose from a boat flowing into the Bering Sea from Cape not apply to transportation of a hunter moving under power in that portion of Newenham on the south to and or ungulate, bear, wolf, or wolverine Unit 18, north and west of a line from including the Pastolik River drainage on part by aircraft between publicly owned the Kashunuk River including the north the north; Nunivak, St. Matthew, and airports in the Controlled Use Area or bank from the mouth of the river adjacent islands between Cape between a publicly owned airport upstream to the old village of Newenham and the Pastolik River. within the Area and points outside the Chakaktolik, west of line from (ii) In the Kalskag Controlled Use Area. Chakaktolik to Mountain Village and Area, which consists of that portion of (iii) Unit-specific regulations: excluding all Yukon River drainages Unit 18 bounded by a line from Lower (A) If you have a trapping license, you upriver from Mountain Village. Kalskag on the Kuskokwim River, may use a firearm to take beaver in Unit northwesterly to Russian Mission on the 18 from Apr. 1–Jun. 10; (E) Taking of wildlife in Unit 18 while Yukon River, then east along the north (B) You may hunt brown bear by State in possession of lead shot size T, .20 bank of the Yukon River to the old site registration permit in lieu of a resident caliber or less in diameter, is prohibited.

Harvest limits Open season

HUNTING Black Bear: 3 bears ...... July 1–June 30. Brown Bear: 1 bear by State registration permit only ...... Sept. 1–May 31. Caribou: 2 caribou; no more than 1 caribou may be a bull; no more than 1 caribou may be taken from Aug. 1–Jan. 31 Aug. 1–Mar. 15. Moose: Unit 18—that portion east of a line running from the mouth of the Ishkowik River to the closest point of Dall Lake, No open season. then to the east bank of the Johnson River at its entrance into Nunavakanukakslak Lake (N 60°59.41′ Latitude; W162°22.14′ Longitude), continuing upriver along a line 1⁄2 mile south and east of, and paralleling a line along the southerly bank of the Johnson River to the confluence of the east bank of Crooked Creek, then continuing upriver to the outlet at Arhymot Lake, then following the south bank east of the Unit 18 border and then north of and including the Eek River drainage. Federal public lands are closed to the taking of moose except by resi- dents of Tuntutuliak, Eek, Napakiak, Napaskiak, Kasigluk, Nunapitchuk, Atmautlauk, Oscarville, Bethel, Kwethluk, Akiachak, Akiak, Tuluksak, Lower Kalskag, and Kalskag. Unit 18—south of and including the Kanektok River drainages to the Goodnews River drainage. Federal public No open season. lands are closed to the taking of moose by all users. Unit 18–Goodnews River drainage and south to the Unit 18 boundary––1 antlered bull by State registration per- Aug. 25–Sept. 20. mit. Any needed closures will be announced by the Togiak National Wildlife Refuge Manager after consultation with BLM, ADF&G, and the Chair of the Yukon-Kuskokwim Delta Subsistence Regional Advisory Council. Unit 18—That portion north and west of the Kashunuk River including the north bank from the mouth of the river Aug. 10–Sept. 30. upstream to the old village of Chakaktolik, west of a line from Chakaktolik to Mountain Village and excluding all Yukon River drainages upriver from Mountain Village—1 antlered bull.

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Harvest limits Open season

Unit 18—That portion north and west of the Kashunuk River including the north bank from the mouth of the river Dec. 20–Feb. 28. upstream to the old village of Chakaktolik, west of a line from Chakaktolik to Mountain Village and excluding all Yukon River drainages upriver from Mountain Village—1 moose. If 1 antlered bull is taken during the fall sea- son in this area, 1 additional moose may be taken during the winter season. If no moose are taken in the fall season, 2 moose may be taken in the winter season. No more than 2 moose may be harvested in this area in a regulatory year. A federal registration permit is required. The Yukon Delta NWR Manager may restrict the harvest in the winter season to only 1 antlered bull or only 1 moose per regulatory year after consultation with the ADF&G and the Yukon-Kuskokwim Delta Subsistence Regional Advisory Council chair. Unit 18, remainder—1 antlered bull ...... Aug. 10–Sept. 30. Dec. 20–Jan. 10. Beaver: No limit ...... July 1–June 30. Coyote: 2 coyotes ...... Sept. 1–Apr. 30. Fox, Arctic (Blue and White Phase): 2 foxes ...... Sept. 1–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken prior to Sept. 1–Mar. 15. Oct. 1. Hare (Snowshoe and Tundra): No limit ...... July 1–June 30. Lynx: 2 lynx ...... Nov. 10–Mar. 31. Wolf: 5 wolves ...... Aug. 10–Apr. 30. Wolverine: 1 wolverine ...... Sept. 1–Mar. 31. Grouse (Spruce and Ruffed): 15 per day, 30 in possession ...... Aug. 10–Apr. 30. Ptarmigan (Rock and Willow): 20 per day, 40 in possession ...... Aug. 10–May 30. TRAPPING Beaver: No limit ...... July 1–June 30. Coyote: No limit ...... Nov. 10–Mar. 31. Fox, Arctic (Blue and White Phase): No limit ...... Nov. 10–Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit...... Nov. 10–Mar. 31. Lynx: No limit ...... Nov. 10–Mar. 31. Marten: No limit ...... Nov. 10–Mar. 31. Mink and Weasel: No limit ...... Nov. 10–Jan. 31. Muskrat: No limit ...... Nov. 10–June 10. Otter: No limit ...... Nov. 10–Mar. 31. Wolf: No limit ...... Nov. 10–Mar. 31. Wolverine: No limit ...... Nov. 10–Mar. 31.

(19) Unit 19. boundary) to the peak of Lone foot peak of Telida Mountain, then (i) Unit 19 consists of the Kuskokwim Mountain, then due west to Big River, northeast to the intersection of the River drainage upstream from a straight including the Big River drainage western boundary of Denali National line drawn between Lower Kalskag and upstream from that line, and including Preserve with the Minchumina-Telida Piamiut: the Swift River drainage upstream from winter trail, then south along the (A) Unit 19A consists of the and including the North Fork drainage; western boundary of Denali National Kuskokwim River drainage downstream (D) Unit 19D consists of the remainder Preserve to the southern boundary of from and including the Moose Creek of Unit 19. Unit 19D, you may not use aircraft for drainage on the north bank and (ii) In the following areas, the taking hunting moose, including transportation downstream from and including the of wildlife for subsistence uses is of any moose hunter or moose part; Stony River drainage on the south bank, prohibited or restricted on public land: however, this does not apply to excluding Unit 19B; (A) You may not take wildlife for (B) Unit 19B consists of the Aniak subsistence uses on lands within Mount transportation of a moose hunter or River drainage upstream from and McKinley National Park as it existed moose part by aircraft between publicly including the Salmon River drainage, prior to December 2, 1980. Subsistence owned airports in the Controlled Use the Holitna River drainage upstream uses as authorized by this paragraph Area, or between a publicly owned from and including the Bakbuk Creek (m)(19) are permitted in Denali National airport within the area and points drainage, that area south of a line from Preserve and lands added to Denali outside the area. the mouth of Bakbuk Creek to the radar National Park on December 2, 1980; (iii) Unit-specific regulations: dome at Sparrevohn Air Force Base, (B) In the Upper Kuskokwim (A) You may use bait to hunt black including the Hoholitna River drainage Controlled Use Area, which consists of bear between April 15 and June 30; upstream from that line, and the Stony that portion of Unit 19D upstream from River drainage upstream from and the mouth of the Selatna River, but (B) You may hunt brown bear by State including the Can Creek drainage; excluding the Selatna and Black River registration permit in lieu of a resident (C) Unit 19C consists of that portion drainages, to a line extending from tag in those portions of 19A and 19B of Unit 19 south and east of a line from Dyckman Mountain on the northern downstream of and including the Aniak Benchmark M#1.26 (approximately 1.26 Unit 19D boundary southeast to the River drainage if you have obtained a miles south of the northwest corner of 1,610 foot crest of Munsatli Ridge, then State registration permit prior to the original Mt. McKinley National Park south along Munsatli Ridge to the 2,981 hunting.

Harvest limits Open season

HUNTING Black Bear: 3 bears ...... July 1–June 30.

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Harvest limits Open season

Brown Bear: Unit 19A and 19B—those portions which are downstream of and including the Aniak River drainage—1 bear by Aug. 10–June 30 State registration permit. Unit 19A, remainder, 19B, remainder, and Unit 19D—1 bear ...... Aug. 10–June 30. Caribou: Unit 19A—north of Kuskokwim River—2 caribou, no more than 1 caribou may be a bull; no more than 1 caribou Aug. 1–Mar. 15. may be taken from Aug. 1–Jan. 31. Unit 19A—south of the Kuskokwim River and Unit 19B (excluding rural Alaska residents of Lime Village)—2 car- Aug. 1–Mar. 15. ibou; no more than 1 caribou may be a bull; no more than 1 caribou may be taken Aug. 1–Jan. 31. Unit 19C—1 caribou ...... Aug. 10–Oct. 10. Unit 19D—south and east of the Kuskokwim River and North Fork of the Kuskokwim River—1 caribou ...... Aug. 10–Sept. 30. Nov. 1–Jan. 31. Unit 19D, remainder—1 caribou ...... Aug. 10–Sept. 30. Unit 19—Residents domiciled in Lime Village only—no individual harvest limit but a village harvest quota of 200 July 1–June 30. caribou; cows and calves may not be taken from Apr. 1–Aug. 9. Reporting will be by a community reporting system. Sheep: 1 ram with 7⁄8 curl horn or larger ...... Aug. 10–Sept. 20. Moose: Unit 19—Residents of Lime Village only—no individual harvest limit, but a village harvest quota of 28 bulls (in- July 1–June 30. cluding those taken under the State permits). Reporting will be by a community reporting system. Unit 19A—North of the Kuskokwim River, upstream from but excluding the George River drainage, and south of No open season. the Kuskokwim River upstream from and including the Downey Creek drainage, not including the Lime Village Management Area; Federal public lands are closed to the taking of moose. Unit 19A, remainder—1 antlered bull by Federal drawing permit or a State permit. Federal public lands are Sept. 1–20. closed to the taking of moose except by residents of Tuluksak, Lower Kalskag, Upper Kalskag, Aniak, Chuathbaluk, and Crooked Creek hunting under these regulations. The Refuge Manager of the Yukon Delta NWR, in cooperation with the BLM Field Office Manager, will annually establish the harvest quota and number of permits to be issued in coordination with the State Tier I hunt. If the allowable harvest level is reached be- fore the regular season closing date, the Refuge Manager, in consultation with the BLM Field Office Manager, will announce an early closure of Federal public lands to all moose hunting. Unit 19B—1 bull with spike-fork or 50-inch antlers or antlers with 4 or more brow tines on one side ...... Sept. 1–20. Unit 19C—1 antlered bull ...... Sept. 1–20. Unit 19C—1 bull by State registration permit ...... Jan. 15–Feb. 15. Unit 19D—that portion of the Upper Kuskokwim Controlled Use Area within the North Fork drainage upstream Sept. 1–30. from the confluence of the South Fork to the mouth of the Swift Fork—1 antlered bull. Unit 19D—remainder of the Upper Kuskokwim Controlled Use Area—1 bull ...... Sept. 1–30. Dec. 1–Feb. 28. Unit 19D, remainder—1 antlered bull ...... Sept. 1–30. Dec. 1–15. Coyote: 10 coyotes ...... Aug. 10–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken prior to Sept. 1–Mar. 15. Oct. 1. Hare (Snowshoe): No limit ...... July 1–June 30. Lynx: 2 lynx ...... Nov. 1–Feb. 28. Wolf: Unit 19D—10 wolves per day ...... Aug. 10–Apr. 30. Unit 19, remainder—5 wolves ...... Aug. 10–Apr. 30. Wolverine: 1 wolverine ...... Sept. 1–Mar. 31. Grouse (Spruce, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10–Apr. 30. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10–Apr. 30. TRAPPING Beaver: No limit ...... Nov. 1–June 10. Coyote: No limit ...... Nov. 1–Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1–Mar. 31. Lynx: No limit ...... Nov. 1–Feb. 28. Marten: No limit ...... Nov. 1–Feb. 28. Mink and Weasel: No limit ...... Nov. 1–Feb. 28. Muskrat: No limit ...... Nov. 1–June 10. Otter: No limit ...... Nov. 1–Apr. 15. Wolf: No limit ...... Nov. 1–Apr. 30. Wolverine: No limit ...... Nov. 1–Mar. 31.

(20) Unit 20. the Ladue River and Fortymile River by the west bank of the Delta River, (i) Unit 20 consists of the Yukon River drainages, and the Tanana River bounded on the north by the north bank drainage upstream from and including drainage north of Unit 13 and of the Tanana River from its confluence the Tozitna River drainage to and downstream from the east bank of the with the Delta River downstream to its including the Hamlin Creek drainage, Robertson River: confluence with the Nenana River, and drainages into the south bank of the (A) Unit 20A consists of that portion bounded on the west by the east bank Yukon River upstream from and of Unit 20 bounded on the south by the of the Nenana River; including the Charley River drainage, Unit 13 boundary, bounded on the east

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(B) Unit 20B consists of drainages into Units 20, 24, 25, and 26 extending 5 (F) You may only hunt moose by bow the north bank of the Tanana River from miles from each side of the Dalton and arrow in the Fairbanks Management and including Hot Springs Slough Highway from the Yukon River to Area. The Area consists of that portion upstream to and including the Banner milepost 300 of the Dalton Highway, of Unit 20B bounded by a line from the Creek drainage; except as follows: Residents living confluence of Rosie Creek and the (C) Unit 20C consists of that portion within the Dalton Highway Corridor Tanana River, northerly along Rosie of Unit 20 bounded on the east by the Management Area may use Creek to Isberg Road, then northeasterly east bank of the Nenana River and on snowmobiles only for the subsistence on Isberg Road to Cripple Creek Road, the north by the north bank of the taking of wildlife. You may use licensed then northeasterly on Cripple Creek Tanana River downstream from the highway vehicles only on designated Road to the Parks Highway, then north Nenana River; roads within the Dalton Highway on the Parks Highway to Alder Creek, (D) Unit 20D consists of that portion Corridor Management Area. The then westerly to the middle fork of of Unit 20 bounded on the east by the residents of Alatna, Allakaket, Rosie Creek through section 26 to the east bank of the Robertson River and on Anaktuvuk Pass, Bettles, Evansville, Parks Highway, then east along the the west by the west bank of the Delta Stevens Village, and residents living Parks Highway to Alder Creek, then River, and drainages into the north bank within the Corridor may use firearms upstream along Alder Creek to its of the Tanana River from its confluence within the Corridor only for subsistence confluence with Emma Creek, then with the Robertson River downstream taking of wildlife; upstream along Emma Creek to its to, but excluding, the Banner Creek (D) You may not use any motorized headwaters, then northerly along the drainage; vehicle for hunting from August 5– hydrographic divide between (E) Unit 20E consists of drainages into September 20 in the Glacier Mountain Goldstream Creek drainages and Cripple the south bank of the Yukon River Controlled Use Area, which consists of Creek drainages to the summit of Ester upstream from and including the that portion of Unit 20E bounded by a Dome, then down Sheep Creek to its Charley River drainage, and the Ladue line beginning at Mile 140 of the Taylor confluence with Goldstream Creek, then River drainage; Highway, then north along the highway easterly along Goldstream Creek to (F) Unit 20F consists of the remainder Sheep Creek Road, then north on Sheep of Unit 20. to Eagle, then west along the cat trail from Eagle to Crooked Creek, then from Creek Road to Murphy Dome Road, then (ii) In the following areas, the taking west on Murphy Dome Road to Old of wildlife for subsistence uses is Crooked Creek southwest along the west bank of Mogul Creek to its headwaters Murphy Dome Road, then east on Old prohibited or restricted on public land: Murphy Dome Road to the Elliot (A) You may not take wildlife for on North Peak, then west across North Peak to the headwaters of Independence Highway, then south on the Elliot subsistence uses on lands within Mount Highway to Goldstream Creek, then McKinley National Park as it existed Creek, then southwest along the west bank of Independence Creek to its easterly along Goldstream Creek to its prior to December 2, 1980. Subsistence confluence with First Chance Creek, uses as authorized by this paragraph confluence with the North Fork of the Fortymile River, then easterly along the Davidson Ditch, then southeasterly (n)(20) are permitted in Denali National along the Davidson Ditch to its south bank of the North Fork of the Preserve and lands added to Denali confluence with the tributary to Fortymile River to its confluence with National Park on December 2, 1980; Goldstream Creek in Section 29, then Champion Creek, then across the North (B) You may not use motorized downstream along the tributary to its Fork of the Fortymile River to the south vehicles or pack animals for hunting confluence with Goldstream Creek, then bank of Champion Creek and easterly from Aug. 5–25 in the Delta Controlled in a straight line to First Chance Creek, along the south bank of Champion Creek Use Area, the boundary of which is then up First Chance Creek to Tungsten to its confluence with Little Champion defined as: A line beginning at the Hill, then southerly along Steele Creek Creek, then northeast along the east confluence of Miller Creek and the Delta to its confluence with Ruby Creek, then bank of Little Champion Creek to its River, then west to vertical angle upstream along Ruby Creek to Esro benchmark Miller, then west to include headwaters, then northeasterly in a Road, then south on Esro Road to Chena all drainages of Augustana Creek and direct line to Mile 140 on the Taylor Hot Springs Road, then east on Chena Black Rapids Glacier, then north and Highway; however, this does not Hot Springs Road to Nordale Road, then east to include all drainages of prohibit motorized access via, or south on Nordale Road to the Chena McGinnis Creek to its confluence with transportation of harvested wildlife on, River, to its intersection with the Trans- the Delta River, then east in a straight the Taylor Highway or any airport; Alaska Pipeline right of way, then line across the Delta River to Mile 236.7 (E) You may by permit hunt moose on southeasterly along the easterly edge of of the Richardson Highway, then north the Minto Flats Management Area, the Trans-Alaska Pipeline right of way along the Richardson Highway to its which consists of that portion of Unit 20 to the Chena River, then along the north junction with the Alaska Highway, then bounded by the Elliot Highway bank of the Chena River to the Moose east along the Alaska Highway to the beginning at Mile 118, then Creek dike, then southerly along the west bank of the Johnson River, then northeasterly to Mile 96, then east to the Moose Creek dike to its intersection south along the west bank of the Tolovana Hotsprings Dome, then east to with the Tanana River, and then Johnson River and Johnson Glacier to the Winter Cat Trail, then along the Cat westerly along the north bank of the the head of the Canwell Glacier, then Trail south to the Old Telegraph Trail at Tanana River to the point of beginning. west along the north bank of the Dunbar, then westerly along the trail to (iii) Unit-specific regulations: Canwell Glacier and Miller Creek to the a point where it joins the Tanana River (A) You may use bait to hunt black Delta River; 3 miles above Old Minto, then along the bear from April 15–June 30; you may (C) You may not use firearms, north bank of the Tanana River use bait to hunt wolves on FWS and snowmobiles, licensed highway (including all channels and sloughs BLM lands; vehicles or motorized vehicles, except except Swan Neck Slough), to the (B) You may not use a steel trap, or aircraft and boats, in the Dalton confluence of the Tanana and Tolovana a snare using cable smaller than 3⁄32 Highway Corridor Management Area, Rivers and then northerly to the point inch diameter to trap coyotes or wolves which consists of those portions of of beginning; in Unit 20E during April and October;

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(C) Residents of Units 20 and 21 may terms of a Federal registration permit. not cumulative with that permitted by take up to three moose per regulatory Permits will be issued to individuals at the State. year for the celebration known as the the request of the Native Village of Nuchalawoyya Potlatch, under the Tanana only. This three-moose limit is

Harvest limits Open season

HUNTING Black Bear: 3 bears ...... July 1–June 30. Brown Bear: Unit 20A—1 bear ...... Sept. 1–May 31. Unit 20E—1 bear ...... Aug. 10–June 30. Unit 20, remainder—1 bear ...... Sept. 1–May 31. Caribou: Unit 20E—1 caribou by joint State/Federal registration permit only. Up to 900 caribou may be taken under a Aug. 10–Sept. 30. State/Federal harvest quota. During the fall season the harvest will be restricted to 1 bull and the harvest will Nov. 1–Feb. 28. not exceed 100 caribou between Aug. 10–29. During the winter season, area closures or hunt restrictions may be announced when Nelchina caribou are present in a mix of more than 1 Nelchina caribou to 15 Fortymile caribou, except when the number of caribou present is low enough that less than 50 Nelchina caribou will be harvested regardless of the mixing ratio for the two herds. Unit 20F—north of the Yukon River—1 caribou ...... Aug. 10–Mar. 31. Unit 20F—east of the Dalton Highway and south of the Yukon River—1 caribou; cow caribou may be taken only Aug. 10–Sept. 20 from Nov. 1–March 31. During the November 1–March 31 season, a State registration permit is required. Nov. 1–Mar. 31. Moose: Unit 20A—1 antlered bull ...... Sept. 1–20. Unit 20B—that portion within the Minto Flats Management Area—1 bull by Federal registration permit only ...... Sept. 1–20. Jan. 10–Feb. 28. Unit 20B, remainder —1 antlered bull ...... Sept. 1–20. Unit 20C—that portion within Denali National Park and Preserve west of the Toklat River, excluding lands within Sept. 1–30. Mount McKinley National Park as it existed prior to December 2, 1980—1 antlered bull; however, white-phased Nov. 15–Dec. 15. or partial albino (more than 50 percent white) moose may not be taken. Unit 20C, remainder —1 antlered bull; however, white-phased or partial albino (more than 50 percent white) Sept. 1–30. moose may not be taken. Unit 20E—that portion within Yukon–Charley Rivers National Preserve—1 bull ...... Aug. 20–Sept. 30. Unit 20E—that portion drained by the Middle Fork of the Fortymile River upstream from and including the Joseph Aug. 24–Sept. 25. Creek drainage—1 bull. Unit 20E remainder—1 bull by joint Federal/State registration permit ...... Aug. 24–Sept. 25. Unit 20F—that portion within the Dalton Highway Corridor Management Area—1 antlered bull by Federal reg- Sept. 1–25. istration permit only. Unit 20F, remainder—1 antlered bull ...... Sept. 1–25. Dec. 1–10. Beaver: Unit 20E—Yukon–Charley Rivers National Preserve—6 beaver per season. Meat from harvested beaver Sept. 20–May 15. must be salvaged for human consumption. Coyote: 10 coyotes ...... Aug. 10–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken prior to Sept. 1–Mar. 15. Oct. 1. Hare (Snowshoe): No limit ...... July 1–June 30. Lynx: Unit 20A, 20B, and that portion of 20C east of the Teklanika River—2 lynx ...... Dec. 1–Jan 31. Unit 20E—2 lynx ...... Nov. 1–Jan 31. Unit 20, remainder—2 lynx ...... Dec. 1–Jan. 31. Muskrat: Unit 20E, that portion within Yukon-Charley Rivers National Preserve—No limit ...... Sept. 20–June 10. Unit 20C, that portion within Denali National Park and Preserve—25 muskrat ...... Nov. 1–Jun. 10. Unit 20, remainder ...... No open season. Wolf: Unit 20—10 wolves ...... Aug. 10–Apr. 30. Unit 20C, that portion within Denali National Park and Preserve—1 wolf during the Aug. 10–Oct. 31 period; 5 Aug. 10–Oct. 31. wolves during the Nov. 1–Apr. 30 period, for a total of 6 wolves for the season. Nov. 1–Apr. 30. Unit 20C, remainder—10 wolves ...... Aug. 10–Apr. 30. Wolverine: 1 wolverine ...... Sept. 1–Mar. 31. Grouse (Spruce, Ruffed, and Sharp-tailed): Units 20A, 20B, 20C, 20E, and 20F—15 per day, 30 in possession ...... Aug. 10–Mar. 31. Ptarmigan (Rock and Willow): Unit 20—those portions within 5 miles of Alaska Route 5 (Taylor Highway, both to Eagle and the Alaska-Canada Aug. 10–Mar. 31. boundary) and that portion of Alaska Route 4 (Richardson Highway) south of Delta Junction—20 per day, 40 in possession. Unit 20, remainder—20 per day, 40 in possession ...... Aug. 10–Apr. 30. TRAPPING Beaver: Units 20A, 20B, 20C, and 20F—No limit ...... Nov. 1–Apr. 15. Unit 20E—25 beaver per season. Only firearms may be used during Sept. 20–Oct. 31 and Apr. 16–May 15, to Sept. 20–May 15. take up to 6 beaver. Only traps or snares may be used Nov. 1–Apr. 15. The total annual harvest limit for bea- ver is 25, of which no more than 6 may be taken by firearm under trapping or hunting regulations. Meat from beaver harvested by firearm must be salvaged for human consumption. Coyote:

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Harvest limits Open season

Unit 20E—No limit ...... Oct. 15–Apr. 30. Unit 20, remainder—No limit ...... Nov. 1–Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1–Feb. 28. Lynx: Unit 20A, 20B, and 20C east of the Teklanika River—No limit ...... Dec. 15–Feb. 15. Unit 20E—No limit; however, no more than 5 lynx may be taken between Nov. 1 and Nov. 30 ...... Nov. 1–Dec. 31. Unit 20F and 20C—remainder—No limit ...... Nov. 1–Feb. 28. Marten: No limit ...... Nov. 1–Feb. 28. Mink and Weasel: No limit ...... Nov. 1–Feb. 28. Muskrat: Unit 20E—No limit ...... Sept. 20–June 10. Unit 20, remainder—No limit ...... Nov. 1–June 10. Otter: No limit ...... Nov. 1–Apr. 15. Wolf: Unit 20A, 20B, 20C, & 20F—No limit ...... Nov. 1–Apr. 30. Unit 20E—No limit ...... Oct. 1–Apr. 30. Wolverine: No limit ...... Nov. 1–Feb. 28.

(21) Unit 21. the confluences of the Honhosa and Eagle Island (approximately 45 miles (i) Unit 21 consists of drainages into Kateel Rivers at 65°28.42′ N. lat., north of Grayling), then to the mouth of the Yukon River upstream from Paimiut 157°44.89′ W. long., then northeasterly the Iditarod River, then down the east to, but not including, the Tozitna River to the confluences of Billy Hawk Creek bank of the Innoko River to its drainage on the north bank, and to, but and the Huslia River (65°57′ N. lat., confluence with Paimiut Slough, then not including, the Tanana River 156°41′ W. long.) at 65°56.66′ N. lat., south along the east bank of Paimiut drainage on the south bank; and 156°40.81′ W. long., then easterly to the Slough to its mouth, and then to the old excluding the Koyukuk River drainage confluence of the forks of the Dakli village of Paimiut, is closed during upstream from the Dulbi River drainage: River at 66°02.56′ N. lat., 156°12.71′ W. moose hunting seasons to the use of (A) Unit 21A consists of the Innoko long., then easterly to the confluence of aircraft for hunting moose, including River drainage upstream from and McLanes Creek and the Hogatza River at transportation of any moose hunter or including the Iditarod River drainage; 66°00.31′ N. lat., 155°18.57′ W. long., part of moose; however, this does not (B) Unit 21B consists of the Yukon then southwesterly to the crest of apply to transportation of a moose River drainage upstream from Ruby and Hochandochtla Mountain at 65°31.87′ hunter or part of moose by aircraft east of the Ruby-Poorman Road, N. lat., 154°52.18′ W. long., then between publicly owned airports in the downstream from and excluding the southwest to the mouth of Cottonwood Controlled Use Area or between a Tozitna River and Tanana River Creek at 65°13.00′ N. lat., 156°06.43′ W. publicly owned airport within the area drainages, and excluding the Melozitna long., then southwest to Bishop Rock and points outside the area. River drainage upstream from Grayling (Yistletaw) at 64°49.35′ N. lat., (iii) In Unit 21D, you may hunt brown Creek; 157°21.73′ W. long., then westerly along bear by State registration permit in lieu (C) Unit 21C consists of the Melozitna the north bank of the Yukon River of a resident tag if you have obtained a River drainage upstream from Grayling (including Koyukuk Island) to the point State registration permit prior to Creek, and the Dulbi River drainage of beginning, is closed during moose hunting. Aircraft may not be used in any upstream from and including the hunting seasons to the use of aircraft for manner for brown bear hunting under Cottonwood Creek drainage; hunting moose, including transportation the authority of a brown bear State (D) Unit 21D consists of the Yukon of any moose hunter or moose part; registration permit, including River drainage from and including the however, this does not apply to transportation of hunters, bears, or parts Blackburn Creek drainage upstream to transportation of a moose hunter or of bears; however, this does not apply Ruby, including the area west of the moose part by aircraft between publicly to transportation of bear hunters or bear Ruby-Poorman Road, excluding the owned airports in the controlled use parts by regularly scheduled flights to Koyukuk River drainage upstream from area or between a publicly owned and between communities by carriers the Dulbi River drainage, and excluding airport within the area and points that normally provide scheduled service the Dulbi River drainage upstream from outside the area; all hunters on the to this area, nor does it apply to Cottonwood Creek; Koyukuk River passing the ADF&G- transportation of aircraft to or between (E) Unit 21E consists of the Yukon operated check station at Ella’s Cabin publicly owned airports. River drainage from Paimiut upstream (15 miles upstream from the Yukon on (iv) Unit-specific regulations: to, but not including, the Blackburn the Koyukuk River) are required to stop (A) You may use bait to hunt black Creek drainage, and the Innoko River and report to ADF&G personnel at the bear between April 15 and June 30; and drainage downstream from the Iditarod check station; in the Koyukuk Controlled Use Area, River drainage. (B) The Paradise Controlled Use Area, you may also use bait to hunt black bear (ii) In the following areas, the taking which consists of that portion of Unit 21 between September 1 and September 25; of wildlife for subsistence uses is bounded by a line beginning at the old (B) If you have a trapping license, you prohibited or restricted on public land: village of Paimiut, then north along the may use a firearm to take beaver in Unit (A) The Koyukuk Controlled Use west bank of the Yukon River to 21(E) from Nov. 1–June 10; Area, which consists of those portions Paradise, then northwest to the mouth (C) The residents of Units 20 and 21 of Units 21 and 24 bounded by a line of Stanstrom Creek on the Bonasila may take up to three moose per from the north bank of the Yukon River River, then northeast to the mouth of the regulatory year for the celebration at Koyukuk at 64°52.58′ N. lat., Anvik River, then along the west bank known as the Nuchalawoyya Potlatch, 157°43.10′ W. long., then northerly to of the Yukon River to the lower end of under the terms of a Federal registration

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permit. Permits will be issued to (D) The residents of Unit 21 may take be issued to individuals only at the individuals only at the request of the up to three moose per regulatory year request of the Native Village of Kaltag or Native Village of Tanana. This three for the celebration known as the Kaltag/ Nulato. This three moose limit is not moose limit is not cumulative with that Nulato Stickdance, under the terms of a cumulative with that permitted by the permitted by the State; Federal registration permit. Permits will State.

Harvest limits Open season

HUNTING Black Bear: 3 bears ...... July 1–June 30. Brown Bear: Unit 21D—1 bear by State registration permit only ...... Aug. 10–June 30. Unit 21, remainder—1 bear ...... Aug. 10–June 30. Caribou: Unit 21A—1 caribou ...... Aug. 10–Sept. 30. Dec. 10–Dec. 20. Unit 21B—that portion north of the Yukon River and downstream from Ukawutni Creek ...... No open season. Unit 21C—the Dulbi and Melozitna River drainages downstream from Big Creek ...... No open season. Unit 21B remainder, 21C remainder, and 21E—1 caribou ...... Aug. 10–Sept. 30. Unit 21D—north of the Yukon River and east of the Koyukuk River—caribou may be taken during a winter sea- Winter season to be an- son to be announced by the Refuge Manager of the Koyukuk/Nowitna National Wildlife Refuge Manager and nounced. the BLM Central Yukon Field Office Manager, in consultation with ADF&G and the Chairs of the Western Inte- rior Subsistence Regional Advisory Council, and the Middle Yukon and Ruby Fish and Game Advisory Com- mittees. Unit 21D, remainder—5 caribou per day; however, cow caribou may not be taken May 16–June 30 ...... July 1–June 30. Moose: Unit 21B—that part of the Nowitna River drainage downstream from and including the Little Mud River drain- Sept. 5–Oct. 1. age—1 bull. A State registration permit is required from Sept. 5–25. A Federal registration permit is required from Sept. 26–Oct. 1. Unit 21B—that part of the Nowitna River drainage downstream from and including the Little Mud River drain- Five-day season to be age—1 antlered bull. A Federal registration permit is required during the 5-day season and will be limited to announced between one per household. The 5-day season may be announced by the Koyukuk/Nowitna National Wildlife Refuge Dec. 1 and March 31. Manager after consultation with the ADF&G and the Chairs of the Western Interior Regional Advisory Council and the Ruby Fish and Game Advisory Committee. Unit 21A and 21B, remainder—1 bull ...... Aug. 20–Sept. 25. Nov. 1–30. Unit 21C—1 antlered bull ...... Sept. 5–25. Unit 21D—Koyukuk Controlled Use Area—1 bull; ...... Sep. 1–25. 1 antlerless moose by Federal permit if authorized by announcement by the Koyukuk/Nowitna NWR manager. Mar. 1–5 season to be Harvest of cow moose accompanied by calves is prohibited. A harvestable surplus of cows will be determined announced. for a quota. or 1 antlered bull by Federal permit, if there is no Mar.1–5 season and if authorized by announcement by the Apr. 10–15 season to be Koyukuk/Nowitna NWR manager and BLM Central Yukon field office manager. A harvestable surplus of bulls announced. will be determined for a quota. Announcement for the Mar. and Apr. seasons and harvest quotas will be made after consultation with the ADF&G area biologist and the Chairs of the Western Interior Regional Advisory Council and Middle Yukon and Koyukuk River Fish and Game Advisory Committee. Unit 21D, remainder—1 moose; however, antlerless moose may be taken only during Sept. 21–25 and the Mar. Aug. 22–31. 1–5 season if authorized jointly by the Koyukuk/Nowitna National Wildlife Refuge Manager and the Central Sept. 5–25. Yukon Field Office Manager, Bureau of Land Management. Harvest of cow moose accompanied by calves is Mar. 1–5 season to be prohibited. During the Aug. 22–31 and Sept. 5–25 seasons, a State registration permit is required. During the announced. Mar. 1–5 season a Federal registration permit is required. Announcement for the antlerless moose seasons and cow quotas will be made after consultation with the ADF&G area biologist and the Chairs of the Western Interior Regional Advisory Council and the Middle Yukon Fish and Game Advisory Committee. Unit 21E—1 moose; however, only bulls may be taken from Aug. 25–Sept. 30 ...... Aug. 25–Sept. 30. Feb. 15–Mar. 15. During the Feb. 15–Mar. 15 season a Federal registration permit is required. The permit conditions and any needed closures for the winter season will be announced by the Innoko NWR manager after consultation with the ADF&G area biologist and the Chairs of the Western Interior Regional Advisory Council and the Middle Yukon Fish and Game Advisory Committee as stipulated in a letter of delegation. Moose may not be taken within one-half mile of the Innoko or Yukon River during the winter season. Beaver: Unit 21E—No limit ...... Nov. 1–June 10. Unit 21, remainder ...... No open season. Coyote: 10 coyotes ...... Aug. 10–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken prior to Sept. 1–Mar. 15. Oct. 1. Hare (Snowshoe and Tundra): No limit ...... July 1–June 30. Lynx: 2 lynx ...... Nov. 1–Feb. 28. Wolf: 5 wolves ...... Aug. 10–Apr. 30. Wolverine: 1 wolverine ...... Sept. 1–Mar. 31. Grouse (Spruce, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10–Apr. 30. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10–Apr. 30. TRAPPING Beaver: No Limit ...... Nov. 1–June 10.

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Harvest limits Open season

Coyote: No limit ...... Nov. 1–Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1–Feb. 28. Lynx: No limit ...... Nov. 1–Feb. 28. Marten: No limit ...... Nov. 1–Feb. 28. Mink and Weasel: No limit ...... Nov. 1–Feb. 28. Muskrat: No limit ...... Nov. 1–June 10. Otter: No limit ...... Nov. 1–Apr. 15. Wolf: No limit ...... Nov. 1–Apr. 30. Wolverine: No limit ...... Nov. 1–Mar. 31.

(22) Unit 22. York to, but excluding, the Goodhope (D) The taking of one bull moose and (i) Unit 22 consists of Bering Sea, River drainage, and including Little up to three musk oxen by the Norton Sound, Bering Strait, Chukchi Diomede Island and Fairway Rock. community of Wales is allowed for the Sea, and Kotzebue Sound drainages (ii) You may hunt brown bear by State celebration of the Kingikmuit Dance from, but excluding, the Pastolik River registration permit in lieu of a resident Festival under the terms of a Federal drainage in southern Norton Sound to, tag if you have obtained a State registration permit. Permits will be but not including, the Goodhope River registration permit prior to hunting. issued to individuals only at the request drainage in Southern Kotzebue Sound, Aircraft may not be used in any manner of the Native Village of Wales. The and all adjacent islands in the Bering for brown bear hunting under the harvest may only occur within regularly Sea between the mouths of the authority of a brown bear State established seasons in Unit 22E. The Goodhope and Pastolik Rivers: registration permit, including harvest will count against any (A) Unit 22A consists of Norton transportation of hunters, bears, or parts established quota for the area; Sound drainages from, but excluding, of bears; however, this does not apply the Pastolik River drainage to, and (E) A Federally qualified subsistence to transportation of bear hunters or bear user (recipient) may designate another including, the Ungalik River drainage, parts by regularly scheduled flights to and Stuart and Besboro Islands; Federally qualified subsistence user to and between communities by carriers take musk oxen on his or her behalf (B) Unit 22B consists of Norton Sound that normally provide scheduled service drainages from, but excluding, the unless the recipient is a member of a to this area, nor does it apply to Ungalik River drainage to, and community operating under a transportation of aircraft to or between including, the Topkok Creek drainage; community harvest system. The (C) Unit 22C consists of Norton Sound publicly owned airports. designated hunter must get a designated and Bering Sea drainages from, but (iii) Unit-specific regulations: hunter permit and must return a excluding, the Topkok Creek drainage (A) If you have a trapping license, you completed harvest report. The to, and including, the Tisuk River may use a firearm to take beaver in Unit designated hunter may hunt for any drainage, and King and Sledge Islands; 22 during the established seasons; number of recipients in the course of a (D) Unit 22D consists of that portion (B) Coyote, incidentally taken with a season, but have no more than two of Unit 22 draining into the Bering Sea trap or snare, may be used for harvest limits in his/her possession at north of, but not including, the Tisuk subsistence purposes; any one time, except in Unit 22E where River to and including Cape York and (C) A snowmachine may be used to a resident of Wales or Shishmaref acting St. Lawrence Island; position a hunter to select individual as a designated hunter may hunt for any (E) Unit 22E consists of Bering Sea, caribou for harvest provided that the number of recipients, but have no more Bering Strait, Chukchi Sea, and animals are not shot from a moving than four harvest limits in his/her Kotzebue Sound drainages from Cape snowmachine; possession at any one time.

Harvest limits Open season

HUNTING Black Bear: Unit 22A and 22B—3 bears ...... Jul. 1–Jun. 30. Unit 22, remainder ...... No open season. Brown Bear: Unit 22A, 22B, 22D, and 22E—1 bear by State registration permit only ...... Aug. 1–May 31. Unit 22C—1 bear by State registration permit only ...... Aug. 1–Oct. 31. May 10–25. Caribou: Unit 22B west of Golovin Bay and west of a line along the west bank of the Fish and Niukluk Rivers and exclud- Oct. 1–Apr. 30. ing the Libby River drainage—5 caribou per day. May 1–Sept. 30, a sea- son may be opened by announcement by the Anchorage Field Office Manager of the BLM, in consultation with ADF&G. Units 22A, 22B remainder, that portion of Unit 22D in the Kougaruk, Kuzitrin (excluding the Pilgrim River drain- July 1–June 30. age), American, and Agiapuk River Drainages, and Unit 22E, that portion east of and including the Sanaguich River drainage—5 caribou per day; cow caribou may not be taken May 16–June 30. Moose:

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Harvest limits Open season

Unit 22A—that portion north of and including the Tagoomenik and Shaktoolik River drainages—1 bull. Federal Aug. 1–Sept. 30. public lands are closed to hunting except by residents of Unit 22A hunting under these regulations. Unit 22A—that portion in the Unalakleet drainage and all drainages flowing into Norton Sound north of the Aug. 15–Sept. 14 Golsovia River drainage and south of the Tagoomenik and Shaktoolik River drainages—Federal public lands are closed to the taking of moose, except that residents of Unalakleet, hunting under these regulations, may take 1 bull by Federal registration permit, administered by the BLM Anchorage Field Office with the authority to close the season in consultation with ADF&G. Unit 22A, remainder—1 bull. However, during the period Jan.1—Feb. 15, only an antlered bull may be taken. Aug. 1–Sept. 30. Federal public lands are closed to the taking of moose except by residents of Unit 22A hunting under these Jan. 1–Feb. 15 regulations. Unit 22B—west of the Darby Mountains—1 bull by State registration permit. Quotas and any needed closures Sept. 1–14. will be announced by the Anchorage Field Office Manager of the BLM, in consultation with NPS and ADF&G. Federal public lands are closed to the taking of moose except by Federally qualified subsistence users hunting under these regulations. Unit 22B—west of the Darby Mountains—1 bull by either Federal or State registration permit. Quotas and any Jan. 1–31. needed season closures will be announced by the Anchorage Field Office Manager of the BLM, in consultation with NPS, and ADF&G. Federal public lands are closed to the taking of moose except by residents of White Mountain and Golovin hunting under these regulations. Unit 22B, remainder—1 bull ...... Aug. 1–Jan. 31. Unit 22C—1 antlered bull ...... Sept. 1–14. Unit 22D—that portion within the Kougarok, Kuzitrin, and Pilgrim River drainages—1 bull by State registration Sept. 1–14. permit. Quotas and any needed closures will be announced by the Anchorage Field Office Manager of the BLM, in consultation with NPS and ADF&G. Federal public lands are closed to the taking of moose except by residents of Units 22D and 22C hunting under these regulations. Unit 22D—that portion west of the Tisuk River drainage and Canyon Creek—1 bull by State registration permit. Sept. 1–14. Quotas and any needed closures will be announced by the Anchorage Field Office Manager of the BLM, in consultation with NPS and ADF&G. Unit 22D—that portion west of the Tisuk River drainage and Canyon Creek—1 bull by Federal registration per- Dec. 1–31. mit. Quotas and any needed closures will be announced by the Anchorage Field Office Manager of the BLM, in consultation with NPS and ADF&G. Federal public lands are closed to the taking of moose except by resi- dents of Units 22D and 22C hunting under these regulations. Unit 22D, remainder—1 bull ...... Aug. 10–Sept. 14. Oct. 1–Nov. 30. Unit 22D, remainder—1 moose; however, no person may take a calf or a cow accompanied by a calf ...... Dec. 1–31. Unit 22D, remainder—1 antlered bull ...... Jan. 1–31. Unit 22E—1 antlered bull. Federal public lands are closed to the taking of moose except by Federally qualified Aug. 1–Mar. 15. subsistence users hunting under these regulations. Musk ox: Unit 22B—1 bull by Federal permit or State permit. Federal public lands are closed to the taking of musk ox ex- Aug.1–Mar. 15. cept by Federally qualified subsistence users hunting under these regulations. Annual harvest quotas and any needed closures will be announced by the Anchorage Field Office Manager of the BLM, in consultation with NPS and ADF&G. Unit 22D—that portion west of the Tisuk River drainage and Canyon Creek—1 musk ox by Federal permit or Sept.1–Mar. 15. State permit; however, cows may only be taken during the period Jan. 1–Mar. 15. Annual harvest quotas and any needed closures will be announced by the Superintendent of the Western Arctic National Parklands in consultation with ADF&G and BLM. Unit 22D, that portion within the Kuzitrin River drainages—1 musk ox by Federal permit or State permit; however, Aug.1–Mar. 15. cows may only be taken during the period Jan. 1–Mar. 15. Federal public lands are closed to the taking of musk ox except by Federally qualified subsistence users hunting under these regulations. Annual harvest quotas and any needed closures will be announced by the Superintendent of the Bering Land Bridge National Preserve in consultation with ADF&G and BLM. Unit 22D, remainder—1 musk ox by Federal permit or State permit; however, cows may only be taken during the Aug. 1–Mar. 15. period Jan. 1–Mar. 15. Federal public lands are closed to the taking of musk ox except by Federally qualified subsistence users hunting under these regulations. Annual harvest quotas and any needed closures will be an- nounced by the Superintendent of the Western Arctic National Parklands in consultation with ADF&G and BLM. Unit 22E—1 musk ox by Federal permit or State permit. Annual harvest quotas and any needed closures will be Aug. 1–Mar. 15. announced by the Superintendent of the Western Arctic National Parklands in consultation with ADF&G and BLM. Unit 22, remainder ...... No open season. Beaver: Unit 22A, 22B, 22D, and 22E—50 beaver ...... Nov. 1–June 10. Unit 22, remainder ...... No open season. Coyote ...... No open season. Fox, Arctic (Blue and White Phase): 2 foxes ...... Sept. 1–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes ...... Nov. 1–Apr. 15. Hare (Snowshoe and Tundra): No limit ...... Sept. 1–Apr. 15. Lynx: 2 lynx ...... Nov. 1–Apr. 15. Marten: Unit 22A and 22B—No limit ...... Nov. 1–Apr. 15. Unit 22, remainder ...... No open season. Mink and Weasel: No limit ...... Nov. 1–Jan. 31. Otter: No limit ...... Nov. 1–Apr. 15. Wolf: No limit ...... Nov. 1–Apr. 15. Wolverine: 3 wolverines ...... Sept. 1–Mar. 31.

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Harvest limits Open season

Grouse (Spruce): 15 per day, 30 in possession ...... Aug. 10–Apr. 30. Ptarmigan (Rock and Willow): Unit 22A and 22B east of and including the Niukluk River drainage—40 per day, 80 in possession ...... Aug. 10–Apr. 30. Unit 22E—20 per day, 40 in possession ...... July 15–May 15 Unit 22, remainder—20 per day, 40 in possession ...... Aug. 10–Apr. 30. TRAPPING Beaver: Unit 22A, 22B, 22D, and 22E—50 beaver ...... Nov. 1–June 10. Unit 22C...... No open season. Coyote: ...... No open season. Fox, Arctic (Blue and White Phase): No limit ...... Nov. 1–Apr. 15. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1–Apr. 15. Lynx: No limit ...... Nov. 1–Apr. 15. Marten: No limit ...... Nov. 1–Apr. 15. Mink and Weasel: No limit ...... Nov. 1–Jan. 31. Muskrat: No limit ...... Nov. 1–June 10. Otter: No limit ...... Nov. 1–Apr. 15. Wolf: No limit ...... Nov. 1–Apr. 30. Wolverine: No limit ...... Nov. 1–Apr. 15.

(23) Unit 23. resident tag if you have obtained a State on his or her behalf unless the recipient (i) Unit 23 consists of Kotzebue registration permit prior to hunting. is a member of a community operating Sound, Chukchi Sea, and Arctic Ocean Aircraft may not be used in any manner under a community harvest system. The drainages from and including the for brown bear hunting under the designated hunter must obtain a Goodhope River drainage to Cape authority of a brown bear State designated hunter permit and must Lisburne. registration permit, including return a completed harvest report. The (ii) In the following areas, the taking transportation of hunters, bears, or parts designated hunter may hunt for only of wildlife for subsistence uses is of bears; however, this does not apply one recipient in the course of a season prohibited or restricted on public land: to transportation of bear hunters or bear and may have both his and the (A) You may not use aircraft in any parts by regularly scheduled flights to recipients’ harvest limits in his/her manner either for hunting of ungulates, and between communities by carriers possession at the same time; bear, wolves, or wolverine, or for that normally provide scheduled service (E) A snowmachine may be used to transportation of hunters or harvested to this area, nor does it apply to position a hunter to select individual species in the Noatak Controlled Use transportation of aircraft to or between caribou for harvest provided that the Area for the period August 15– publicly owned airports. animals are not shot from a moving September 30. The Area consists of that (iv) Unit-specific regulations: snowmachine; portion of Unit 23 in a corridor (A) You may take caribou from a boat (F) A Federally qualified subsistence extending five miles on either side of moving under power in Unit 23; user (recipient) may designate another the Noatak River beginning at the mouth (B) In addition to other restrictions on Federally qualified subsistence user to of the Noatak River, and extending method of take found in this § ___.26, take musk oxen on his or her behalf upstream to the mouth of Sapun Creek. you may also take swimming caribou unless the recipient is a member of a This closure does not apply to the with a firearm using rimfire cartridges; community operating under a transportation of hunters or parts of (C) If you have a trapping license, you community harvest system. The ungulates, bear, wolves, or wolverine by may take beaver with a firearm in all of designated hunter must get a designated regularly scheduled flights to Unit 23 from Nov. 1–Jun. 10; hunter permit and must return a communities by carriers that normally (D) For the Baird and DeLong completed harvest report. The provide scheduled air service. Mountain sheep hunts—A Federally designated hunter may hunt for any (B) [Reserved] qualified subsistence user (recipient) number of recipients, but have no more (iii) You may hunt brown bear by may designate another Federally than two harvest limits in his/her State registration permit in lieu of a qualified subsistence user to take sheep possession at any one time.

Harvest limits Open season

HUNTING Black Bear: 3 bears ...... July 1–June 30. Brown Bear: Unit 23—1 bear by State registration permit ...... Aug. 1–May 31. Caribou: 15 caribou per day; however, cow caribou may not be taken May 16–June 30 ...... July 1–June 30. Sheep:

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Harvest limits Open season

Unit 23—south of Rabbit Creek, Kiyak Creek, and the Noatak River, and west of the Cutler and Redstone Rivers Aug. 10–April 30. If the (Baird Mountains)—1 sheep by Federal registration permit. The total allowable harvest of sheep is 21, of which allowable harvest lev- 15 may be rams and 6 may be ewes. Federal public lands are closed to the taking of sheep except by Feder- els are reached before ally qualified subsistence users hunting under these regulations. the regular season closing date, the Su- perintendent of the Western Arctic Na- tional Parklands will announce an early clo- sure. Unit 23—north of Rabbit Creek, Kiyak Creek, and the Noatak River, and west of the Aniuk River (DeLong Moun- Aug. 10–April 30. If the tains)—1 sheep by Federal registration permit. The total allowable harvest of sheep for the DeLong Mountains allowable harvest lev- is 8, of which 5 may be rams and 3 may be ewes. els are reached before the regular season closing date, the Su- perintendent of the Western Arctic Na- tional Parklands will announce an early clo- sure. Unit 23, remainder (Schwatka Mountains)—1 ram with 7⁄8 curl or larger horn ...... Aug. 10–Sept. 20. Unit 23, remainder (Schwatka Mountains)—1 sheep ...... Oct. 1–Apr. 30. Moose: Unit 23—that portion north and west of and including the Singoalik River drainage, and all lands draining into the July 1–Mar. 31. Kukpuk and Ipewik Rivers—1 moose; no person may take a calf or a cow accompanied by a calf. Unit 23—that portion lying within the Noatak River drainage—1 moose; however, antlerless moose may be taken Aug. 1–Mar. 31. only from Nov. 1–Mar. 31; no person may take a calf or a cow accompanied by a calf. Unit 23, remainder—1 moose; no person may take a calf or a cow accompanied by a calf ...... Aug. 1–Mar. 31. Musk ox: Unit 23—south of Kotzebue Sound and west of and including the Buckland River drainage—1 bull by Federal Aug. 1–Dec. 31. permit or State permit. or 1 musk ox by Federal permit or State permit ...... Jan. 1–Mar. 15. Federal public lands are closed to the taking of musk ox except by Federally qualified subsistence users hunting Aug. 1–Mar. 15. under these regulations. Annual harvest quotas and any needed closures will be announced by the Super- intendent of the Western Arctic National Parklands, in consultation with ADF&G and BLM. Unit 23—Cape Krusenstern National Monument—1 bull by Federal permit. Annual harvest quotas and any need- ed closures will be announced by the Superintendent of Western Arctic National Parklands. Cape Krusenstern National Monument is closed to the taking of musk oxen except by resident zone community members with permanent residence within the Monument or the immediately adjacent Napaktuktuk Mountain area, south of latitude 67°05′ N and west of longitude 162°30′ W hunting under these regulations. Unit 23, remainder ...... No open season. Beaver: No limit ...... July 1–June 30. Coyote: 2 coyotes ...... Sept. 1–Apr. 30. Fox, Arctic (Blue and White Phase): No limit ...... Sept. 1–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Sept. 1–Mar.15. Hare: (Snowshoe and Tundra) No limit ...... July 1–June 30. Lynx: 2 lynx ...... Nov. 1–Apr. 15. Wolf: 15 wolves ...... Oct. 1–Apr. 30. Wolverine: 1 wolverine ...... Sept. 1–Mar. 31. Muskrat: No limit ...... July 1–June 30 Grouse (Spruce and Ruffed): 15 per day, 30 in possession ...... Aug. 10–Apr. 30. Ptarmigan (Rock, Willow, and White-tailed): 20 per day, 40 in possession ...... Aug. 10–Apr. 30. TRAPPING Beaver: Unit 23—the Kobuk and Selawik River drainages—50 beaver ...... July 1–June 30. Unit 23, remainder—30 beaver ...... July 1–June 30. Coyote: No limit ...... Nov. 1–Apr. 15. Fox, Arctic (Blue and White Phase): No limit ...... Nov. 1–Apr. 15. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1–Apr. 15. Lynx: No limit ...... Nov. 1–Apr. 15. Marten: No limit ...... Nov. 1–Apr. 15. Mink and Weasel: No limit ...... Nov. 1–Jan. 31. Muskrat: No limit ...... Nov. 1–June 10. Otter: No limit ...... Nov. 1–Apr. 15. Wolf: No limit ...... Nov. 1–Apr. 30. Wolverine: No limit ...... Nov. 1–Apr. 15.

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(24) Unit 24. vehicles, or motorized vehicles, except 156°40.81′ W. long., then easterly to the (i) Unit 24 consists of the Koyukuk aircraft and boats, in the Dalton confluence of the forks of the Dakli River drainage upstream from but not Highway Corridor Management Area, River at 66°02.56′ N. lat., 156°12.71′ W. including the Dulbi River drainage: which consists of those portions of long., then easterly to the confluence of (A) Unit 24A consists of the Middle Units 20, 24, 25, and 26 extending 5 McLanes Creek and the Hogatza River at Fork of the Koyukuk River drainage miles from each side of the Dalton 66°00.31′ N. lat., 155°18.57′ W. long., upstream from but not including the Highway from the Yukon River to then southwesterly to the crest of Harriet Creek and North Fork Koyukuk milepost 300 of the Dalton Highway, Hochandochtla Mountain at 65°31.87′ River drainages, to the South Fork of the except as follows: Residents living N. lat., 154°52.18′ W. long., then Koyukuk River drainage upstream from within the Dalton Highway Corridor southwest to the mouth of Cottonwood Squaw Creek, the Jim River Drainage, Management Area may use Creek at 65°13.00′ N. lat., 156°06.43′ W. the Fish Creek drainage upstream from snowmobiles only for the subsistence long., then southwest to Bishop Rock and including the Bonanza Creek taking of wildlife. You may use licensed (Yistletaw) at 64°49.35′ N. lat., drainage, to the 1,410 ft. peak of the highway vehicles only on designated 157°21.73′ W. long., then westerly along hydrologic divide with the northern fork roads within the Dalton Highway the north bank of the Yukon River of the Kanuti Chalatna River at N. Lat. Corridor Management Area. The ° ′ ° ′ (including Koyukuk Island) to the point 66 33.303 W. Long. 151 03.637 and residents of Alatna, Allakaket, following the unnamed northern fork of of beginning; however, this does not Anaktuvuk Pass, Bettles, Evansville, and apply to transportation of a moose the Kanuti Chalatna Creek to the Stevens Village, and residents living confluence of the southern fork of the hunter or moose part by aircraft between within the Corridor may use firearms publicly owned airports in the Kanuti Chalatna River at N. Lat. within the Corridor only for subsistence 66°27.090′ W. Long. 151 °23.841′, 4.2 controlled use area or between a taking of wildlife; publicly owned airport within the area miles SSW (194 degrees true) of (B) You may not use aircraft for Clawanmenka Lake and following the and points outside the area; all hunters hunting moose, including transportation on the Koyukuk River passing the unnamed southern fork of the Kanuti of any moose hunter or moose part in Chalatna Creek to the hydrologic divide ADF&G operated check station at Ella’s the Kanuti Controlled Use Area, which Cabin (15 miles upstream from the with the Kanuti River drainage at N. Lat. consists of that portion of Unit 24 ° ′ ° ′ Yukon on the Koyukuk River) are 66 19.789 W. Long. 151 10.102 , 3.0 bounded by a line from the Bettles Field required to stop and report to ADF&G miles ENE (79 degrees true) from the VOR to the east side of Fish Creek Lake, personnel at the check station. 2,055 ft. peak on that divide, and the to Old Dummy Lake, to the south end Kanuti River drainage upstream from of Lake Todatonten (including all waters (iii) You may hunt brown bear by the confluence of an unnamed creek at State registration permit in lieu of a ° ′ of these lakes), to the northernmost N. Lat. 66 13.050 W. Long. 151 resident tag if you have obtained a State ° ′ headwaters of Siruk Creek, to the 05.864 , 0.9 miles SSE (155 degrees highest peak of Double Point Mountain, registration permit prior to hunting. You true) of a 1,980 ft. peak on that divide, then back to the Bettles Field VOR; may not use aircraft in any manner for and following that unnamed creek to the however, this does not apply to brown bear hunting under the authority Unit 24 boundary on the hydrologic transportation of a moose hunter or of a brown bear State registration divide to the Ray River drainage at N. moose part by aircraft between publicly permit, including transportation of Lat. 66°03.827′ W. Long. 150°49.988′ at owned airports in the controlled use hunters, bears, or parts of bears. the 2,920 ft. peak of that divide; However, this prohibition does not (B) Unit 24B consists of the Koyukuk area or between a publicly owned apply to transportation of bear hunters River Drainage upstream from Dog airport within the area and points or bear parts by regularly scheduled Island to the Subunit 24A boundary; outside the area; (C) Unit 24C consists of the Hogatza (C) You may not use aircraft for flights to and between communities by River Drainage, the Koyukuk River hunting moose, including transportation carriers that normally provide Drainage upstream from Batza River on of any moose hunter or moose part in scheduled service to this area, nor does the north side of the Koyukuk River and the Koyukuk Controlled Use Area, it apply to transportation of aircraft to upstream from and including the Indian which consists of those portions of Unit or between publicly owned airports. River Drainage on the south side of the 21s and 24 bounded by a line from the (iv) Unit-specific regulations: Koyukuk River to the Subunit 24B north bank of the Yukon River at Koyukuk at 64°52.58′ N. lat., (A) You may use bait to hunt black boundary; bear between April 15 and June 30; and (D) Unit 24D consists of the remainder 157°43.10′ W. long., then northerly to in the Koyukuk Controlled Use Area, of Unit 24. the confluences of the Honhosa and (ii) In the following areas, the taking Kateel Rivers at 65°28.42′ N. lat., you may also use bait to hunt black bear of wildlife for subsistence uses is 157°44.89′ W. long., then northeasterly between September 1 and September 25; prohibited or restricted on public land: to the confluences of Billy Hawk Creek (B) Arctic fox, incidentally taken with (A) You may not use firearms, and the Huslia River (65°57′ N. lat., a trap or snare intended for red fox, may snowmobiles, licensed highway 156°41′ W. long.) at 65°56.66′ N. lat., be used for subsistence purposes.

Harvest limits Open season

HUNTING Black Bear: 3 bears ...... July 1–June 30. Brown Bear: Unit 24—1 bear by State registration permit ...... Aug. 10–June 30. Caribou: Unit 24—that portion south of the south bank of the Kanuti River, upstream from and including that portion of the Aug. 10–Mar. 31. Kanuti-Kilolitna River drainage, bounded by the southeast bank of the Kodosin–Nolitna Creek, then down- stream along the east bank of the Kanuti–Kilolitna River to its confluence with the Kanuti River—1 caribou. Unit 24, remainder—5 caribou per day; however, cow caribou may not be taken May 16–June 30 ...... July 1–June 30. Sheep:

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Harvest limits Open season

Unit 24A and 24B—(Anaktuvuk Pass residents only)—that portion within the Gates of the Arctic National Park— July 15–Dec. 31. community harvest quota of 60 sheep, no more than 10 of which may be ewes and a daily possession limit of 3 sheep per person, no more than 1 of which may be a ewe. Unit 24A and 24B—(excluding Anaktuvuk Pass residents)—that portion within the Gates of the Arctic National Aug. 1–Apr. 30. Park—3 sheep. Unit 24A—except that portion within the Gates of the Arctic National Park—1 ram with 7/8 curl or larger horn by Aug. 20–Sept. 30. Federal registration permit only. Unit 24, remainder—1 ram with 7/8 curl or larger horn ...... Aug. 10–Sept. 20. Moose: Unit 24A—1 antlered bull by Federal registration permit ...... Aug. 25–Oct. 1. Unit 24B—that portion within the John River Drainage—1 moose ...... Aug. 1–Dec. 31. Unit 24B—Kanuti National Wildlife Refuge and BLM lands—1 antlered bull. A federal registration permit is re- Dec. 15–Apr. 15 (until quired for the Sep. 26–Oct. 1 period. Jun. 30, 2014). A Federal registration permit is required for the Dec.15–Apr. 15 season for the Kanuti National Wildlife Refuge and BLM lands that are within the Koyukuk River drainage upstream of the Henshaw Creek drainage and up- stream of and including the Bonanza Creek drainage. Federal public lands in the Kanuti Controlled Use Area, as described in Federal regulations, are closed to taking of moose, except by Federally qualified subsistence users of Unit 24, Koyukuk, and Galena hunting under these regulations. Unit 24B, remainder 1 antlered bull. A Federal registration permit is required for the Sept. 26–Oct. 1 period ...... Aug. 25–Oct. 1. Unit 24C and 24D—that portion within the Koyukuk Controlled Use Area and Koyukuk National Wildlife Refuge— Sep. 1–25. 1 bull. 1 antlerless moose by Federal permit if authorized by announcement by the Koyukuk/Nowitna National Wildlife Mar. 1–5 to be an- Refuge Manager and BLM Field Office Manager Central Yukon Field Office. Harvest of cow moose accom- nounced. panied by calves is prohibited. A harvestable surplus of cows will be determined for a quota. or or 1 antlered bull by Federal permit, if there is no Mar. 1–5 season and if authorized by announcement by the Apr. 10–15 to be an- Koyukuk/Nowitna National Wildlife Refuge Manager and BLM Field Office Manager Central Yukon Field Office. nounced. Harvest of cow moose accompanied by calves is prohibited. Announcement for the Mar. and Apr. seasons and harvest quotas will be made after consultation with the ADF&G Area Biologist and the Chairs of the Western Interior Alaska Subsistence Regional Advisory Council, and the Middle Yukon and Koyukuk River Fish and Game Advisory Committees. Unit 24C, remainder and Unit 24D, remainder—1 antlered bull. During the Sept. 5–Sept. 25 season, a State reg- Aug. 25–Oct. 1. istration permit is required. Coyote: 10 coyotes ...... Aug. 10–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken prior to Sept. 1–Mar. 15. Oct. 1. Hare (Snowshoe): No limit ...... July 1–June 30. Lynx: 2 lynx ...... Nov. 1–Feb. 28. Wolf: 15 wolves; however, no more than 5 wolves may be taken prior to Nov. 1 ...... Aug. 10–Apr. 30. Wolverine: 5 wolverine; however, no more than 1 wolverine may be taken prior to Nov. 1 ...... Sept. 1–Mar. 31. Grouse (Spruce, Ruffed, and Sharp-tailed): 15 per day, 30 in possession ...... Aug. 10–Apr. 30. Ptarmigan (Rock and Willow): 20 per day, 40 in possession ...... Aug. 10–Apr. 30. TRAPPING Beaver: No limit ...... Nov. 1–June 10. Coyote: No limit ...... Nov. 1–Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1–Feb. 28. Lynx: No limit ...... Nov. 1–Feb. 28. Marten: No limit ...... Nov. 1–Feb. 28. Mink and Weasel: No limit ...... Nov. 1–Feb. 28. Muskrat: No limit ...... Nov. 1–June 10. Otter: No limit ...... Nov. 1–Apr. 15. Wolf: No limit ...... Nov. 1–Apr. 30. Wolverine: No limit ...... Nov. 1–Mar. 31.

(25) Unit 25. the Coleen River drainage, and the Old (C) Unit 25C consists of drainages into (i) Unit 25 consists of the Yukon River Crow River drainage; the south bank of the Yukon River drainage upstream from but not (B) Unit 25B consists of the Little upstream from Circle to the Subunit 20E including the Hamlin Creek drainage, Black River drainage upstream from but boundary, the Birch Creek drainage and excluding drainages into the south not including the Big Creek drainage, upstream from the Steese Highway bank of the Yukon River upstream from bridge (milepost 147), the Preacher the Charley River: the Black River drainage upstream from and including the Salmon Fork Creek drainage upstream from and (A) Unit 25A consists of the Hodzana including the Rock Creek drainage, and River drainage upstream from the drainage, the Porcupine River drainage the Beaver Creek drainage upstream Narrows, the Chandalar River drainage upstream from the confluence of the from and including the Moose Creek upstream from and including the East Coleen and Porcupine Rivers, and Fork drainage, the Christian River drainages into the north bank of the drainage; drainage upstream from Christian, the Yukon River upstream from Circle, (D) Unit 25D consists of the remainder Sheenjek River drainage upstream from including the islands in the Yukon of Unit 25. and including the Thluichohnjik Creek, River;

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(ii) In the following areas, the taking southwesterly downstream past Arctic (C) The taking of bull moose outside of wildlife for subsistence uses is Village to the confluence with Crow the seasons provided in this part for prohibited or restricted on public land: Nest Creek, continuing up Crow Nest food in memorial potlatches and (A) You may not use firearms, Creek, through Portage Lake, to its traditional cultural events is authorized snowmobiles, licensed highway confluence with the Junjik River; then in Unit 25D west provided that: down the Junjik River past Timber Lake vehicles or motorized vehicles, except (1) The person organizing the and a larger tributary, to a major, aircraft and boats in the Dalton Highway religious ceremony or cultural event Corridor Management Area, which unnamed tributary, northwesterly, for approximately 6 miles where the stream contact the Refuge Manager, Yukon consists of those portions of Units 20, Flats National Wildlife Refuge prior to 24, 25, and 26 extending 5 miles from forks into 2 roughly equal drainages; the boundary follows the easternmost fork, taking or attempting to take bull moose each side of the Dalton Highway from and provide to the Refuge Manager the the Yukon River to milepost 300 of the proceeding almost due north to the name of the decedent, the nature of the Dalton Highway, except as follows: headwaters and intersects the ceremony or cultural event, number to Residents living within the Dalton Continental Divide; the boundary then Highway Corridor Management Area follows the Continental Divide easterly, be taken, and the general area in which may use snowmobiles only for the through Carter Pass, then easterly and the taking will occur; subsistence taking of wildlife. You may northeasterly approximately 62 miles (2) Each person who takes a bull use licensed highway vehicles only on along the divide to the head waters of moose under this section must submit a designated roads within the Dalton the most northerly tributary of Red written report to the Refuge Manager, Sheep Creek then follows southerly Highway Corridor Management Area. Yukon Flats National Wildlife Refuge along the divide designating the eastern The residents of Alatna, Allakaket, not more than 15 days after the harvest extreme of the Red Sheep Creek Anaktuvuk Pass, Bettles, Evansville, drainage then to the confluence of Red specifying the harvester’s name and Stevens Village, and residents living Sheep Creek and the East Fork address, and the date(s) and location(s) within the Corridor may use firearms Chandalar River. of the taking(s); within the Corridor only for subsistence (iii) Unit-specific regulations: (3) No permit or harvest ticket is taking of wildlife; (A) You may use bait to hunt black required for taking under this section; (B) The Arctic Village Sheep bear between April 15 and June 30 and however, the harvester must be an Management Area consists of that between August 1 and September 25; Alaska rural resident with customary portion of Unit 25A north and west of you may use bait to hunt wolves on and traditional use in Unit 25D west; Arctic Village, which is bounded on the FWS and BLM lands; east by the East Fork Chandalar River (B) You may take caribou and moose (4) Any moose taken under this beginning at the confluence of Red from a boat moving under power in Unit provision counts against the annual Sheep Creek and proceeding 25; quota of 60 bulls.

Harvest limits Open season

HUNTING Black Bear: 3 bears ...... Jul. 1–Jun. 30. or 3 bears by State community harvest permit ...... Jul. 1–Jun. 30. Brown Bear: Units 25A and 25B—1 bear ...... Aug. 10–Jun. 30. Unit 25C—1 bear ...... Sept. 1–May 31. Unit 25D—1 bear ...... Jul. 1–Jun. 30. Caribou: Unit 25A—in those portions west of the east bank of the East Fork of the Chandalar River extending from its Jul. 1–Jun. 30 confluence with the Chandalar River upstream to Guilbeau Pass and north of the south bank of the mainstem of the Chandalar River at its confluence with the East Fork Chandalar River west (and north of the south bank) along the West Fork Chandalar River—10 caribou. However, only bulls may be taken May 16–Jun. 30. Unit 25C—that portion west of the east bank of the mainstem of Preacher Creek to its confluence with American Aug. 10–Sept. 20. Creek, then west of the east bank of American Creek—1 caribou; however, cow caribou may be taken only Nov. 1–Mar. 31. from Nov. 1–Mar. 31. However, during the November 1–March 31 season, a State registration permit is re- quired. Unit 25C, remainder—1 caribou by joint Federal/State registration permit only. During the fall season the harvest Aug. 10–Sept. 30. will be restricted to 1 bull and the harvest will not exceed 100 caribou between Aug. 10–29. Up to 600 caribou Nov. 1–Feb. 28. may be taken under a State/Federal harvest quota. Unit 25D—that portion of Unit 25D drained by the west fork of the Dall River west of 150° W. long.—1 bull ...... Aug. 10–Sept. 30. Dec. 1–31. Unit 25A remainder, 25B, and Unit 25D, remainder—10 caribou ...... July 1–Apr. 30. Sheep: Unit 25A—that portion within the Dalton Highway Corridor Management Area ...... No open season. Units 25A—Arctic Village Sheep Management Area—2 rams by Federal registration permit only. Federal public Aug. 10–Apr. 30. lands, except the drainages of Red Sheep Creek and Cane Creek during the period of Aug. 10–Sept. 20, are closed to the taking of sheep except by rural Alaska residents of Arctic Village, Venetie, Fort Yukon, Kaktovik, and Chalkyitsik hunting under these regulations. Unit 25A, remainder—3 sheep by Federal registration permit only ...... Aug. 10–Apr. 30. Moose: Unit 25A—1 antlered bull ...... Aug. 25–Sept. 25. Dec. 1–10. Unit 25B—that portion within Yukon-Charley National Preserve—1 bull ...... Aug. 20–Sept. 30.

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Harvest limits Open season

Unit 25B—that portion within the Porcupine River drainage upstream from, but excluding the Coleen River drain- Aug. 25–Sept. 30. age—1 antlered bull. Dec. 1–10. Unit 25B—that portion, other than Yukon-Charley National Preserve, draining into the north bank of the Yukon Sept. 5–30. River upstream from and including the Kandik River drainage, including the islands in the Yukon River—1 ant- Dec. 1–15. lered bull. Unit 25B, remainder—1 antlered bull ...... Aug. 25–Sept. 25. Dec. 1–15. Unit 25C—1 antlered bull ...... Aug. 20–Sep. 30. Unit 25D (west)—that portion lying west of a line extending from the Unit 25D boundary on Preacher Creek, then Aug. 25–Feb. 28. downstream along Preacher Creek, Birch Creek and Lower Mouth of Birch Creek to the Yukon River, then downstream along the north bank of the Yukon River (including islands) to the confluence of the Hadweenzic River, then upstream along the west bank of the Hadweenzic River to the confluence of Forty and One-Half Mile Creek, then upstream along Forty and One-Half Mile Creek to Nelson Mountain on the Unit 25D bound- ary—1 bull by a Federal registration permit. Permits will be available in the following villages: Beaver (25 per- mits), Birch Creek (10 permits), and Stevens Village (25 permits). Permits for residents of 25D (west) who do not live in one of the three villages will be available by contacting the Yukon Flats National Wildlife Refuge Of- fice in Fairbanks or a local Refuge Information Technician. Moose hunting on public land in Unit 25D (west) is closed at all times except for residents of Unit 25D (west) hunting under these regulations. The moose season will be closed by announcement of the Refuge Manager Yukon Flats NWR when 60 moose have been har- vested in the entirety (from Federal and non-Federal lands) of Unit 25D (west). Unit 25D, remainder—1 antlered moose ...... Aug. 25–Oct. 1. Dec. 1–20. Beaver: Unit 25A, 25B, and 25D—1 beaver per day; 1 in possession ...... Apr. 16–Oct. 31. Unit 25C ...... No open season. Coyote: 10 coyotes ...... Aug. 10–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): 10 foxes; however, no more than 2 foxes may be taken prior to Sept. 1–Mar. 15. Oct. 1. Hare (Snowshoe): No limit ...... July 1–June 30. Lynx: Unit 25C—2 lynx ...... Dec. 1–Jan. 31. Unit 25, remainder—2 lynx ...... Nov. 1–Feb. 28. Muskrat: Unit 25B and 25C, that portion within Yukon-Charley Rivers National Preserve—No limit ...... Nov. 1–June 10. Unit 25, remainder ...... No open season. Wolf: Unit 25A—No limit ...... Aug. 10–Apr. 30. Unit 25, remainder—10 wolves ...... Aug. 10–Apr. 30. Wolverine: 1 wolverine ...... Sept. 1–Mar. 31. Grouse (Spruce, Ruffed, and Sharp-tailed): Unit 25C—15 per day, 30 in possession ...... Aug. 10–Mar. 31. Unit 25, remainder—15 per day, 30 in possession ...... Aug. 10–Apr. 30. Ptarmigan (Rock and Willow): Unit 25C—those portions within 5 miles of Route 6 (Steese Highway)—20 per day, 40 in possession ...... Aug. 10–Mar. 31. Unit 25, remainder—20 per day, 40 in possession ...... Aug. 10–Apr. 30. TRAPPING Beaver: Unit 25C—No limit ...... Nov. 1–Apr. 15. Unit 25—remainder—50 beaver ...... Nov. 1–Apr. 15. Coyote: No limit ...... Nov. 1–Mar. 31. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1–Feb. 28. Lynx: No limit ...... Nov. 1–Feb. 28. Marten: No limit ...... Nov. 1–Feb. 28. Mink and Weasel: No limit ...... Nov. 1–Feb. 28. Muskrat: No limit ...... Nov. 1–June 10. Otter: No limit ...... Nov. 1–Apr. 15. Wolf: No limit ...... Nov. 1–Apr. 30. Wolverine: Unit 25C—No limit ...... Nov. 1–Feb. 28. Unit 25, remainder—No limit ...... Nov. 1–Mar. 31.

(26) Unit 26. Colville River between the mouth of the (ii) In the following areas, the taking (i) Unit 26 consists of Arctic Ocean Itkillik River and the Arctic Ocean; of wildlife for subsistence uses is drainages between Cape Lisburne and (B) Unit 26B consists of that portion prohibited or restricted on public land: the Alaska-Canada border, including the of Unit 26 east of Unit 26A, west of the (A) You may not use aircraft in any Firth River drainage within Alaska: west bank of the Canning River and manner for moose hunting, including west of the west bank of the Marsh Fork (A) Unit 26A consists of that portion transportation of moose hunters or parts of the Canning River; of Unit 26 lying west of the Itkillik River of moose during the periods July. 1– drainage and west of the east bank of the (C) Unit 26C consists of the remainder Sept. 14 and Jan. 1–Mar. 31 in Unit 26A; of Unit 26. however, this does not apply to

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transportation of moose hunters, their (iii) You may hunt brown bear in Unit subsistence user to take sheep or musk gear, or moose parts by aircraft between 26A by State registration permit in lieu ox on his or her behalf unless the publicly owned airports; of a resident tag if you have obtained a recipient is a member of a community (B) You may not use firearms, State registration permit prior to operating under a community harvest snowmobiles, licensed highway hunting. You may not use aircraft in any system. The designated hunter must vehicles or motorized vehicles, except manner for brown bear hunting under obtain a designated hunter permit and aircraft and boats, in the Dalton the authority of a brown bear State must return a completed harvest report. Highway Corridor Management Area, registration permit, including The designated hunter may hunt for any which consists of those portions of transportation of hunters, bears or parts number of recipients but may have no Units 20, 24, 25, and 26 extending 5 of bears. However, this does not apply more than two harvest limits in his/her miles from each side of the Dalton to transportation of bear hunters or bear possession at any one time; Highway from the Yukon River to parts by regularly scheduled flights to (D) For the DeLong Mountain sheep milepost 300 of the Dalton Highway, and between communities by carriers hunts—A Federally qualified except as follows: Residents living that normally provide scheduled service subsistence user (recipient) may within the Dalton Highway Corridor to this area, nor does it apply to designate another Federally qualified Management Area may use transportation of aircraft to or between subsistence user to take sheep on his or snowmobiles only for the subsistence publicly owned airports. her behalf unless the recipient is a taking of wildlife. You may use licensed (iv) Unit-specific regulations: member of a community operating highway vehicles only on designated (A) You may take caribou from a boat under a community harvest system. The roads within the Dalton Highway moving under power in Unit 26; designated hunter must obtain a Corridor Management Area. The (B) In addition to other restrictions on designated hunter permit and must residents of Alatna, Allakaket, method of take found in this § ___.26, return a completed harvest report. The Anaktuvuk Pass, Bettles, Evansville, you may also take swimming caribou designated hunter may hunt for only Stevens Village, and residents living with a firearm using rimfire cartridges; one recipient in the course of a season within the Corridor may use firearms (C) In Kaktovik, a Federally qualified and may have both his and the within the Corridor only for subsistence subsistence user (recipient) may recipient’s harvest limits in his/her taking of wildlife. designate another Federally qualified possession at the same time.

Harvest limits Open season

HUNTING Black Bear: 3 bears ...... July 1–June 30. Brown Bear: Unit 26A—1 bear by State registration permit ...... July 1–May 31. Unit 26B—1 bear ...... Sept. 1–May 31. Unit 26C—1 bear ...... Aug. 10–June 30. Caribou: Unit 26A—10 caribou per day; however, cow caribou may not be taken May 16–June 30 ...... July 1–June 30. Unit 26B—10 caribou per day; however, cow caribou may be taken only from Oct. 1–Apr. 30 ...... July 1–June 30. Unit 26C—10 caribou per day ...... July 1–Apr. 30. (You may not transport more than 5 caribou per regulatory year from Unit 26 except to the community of Anaktuvuk Pass. Sheep: Unit 26A and 26B—(Anaktuvuk Pass residents only)—that portion within the Gates of the Arctic National Park— July 15–Dec. 31. community harvest quota of 60 sheep, no more than 10 of which may be ewes and a daily possession limit of 3 sheep per person, no more than 1 of which may be a ewe. Unit 26A—(excluding Anaktuvuk Pass residents)—those portions within the Gates of the Arctic National Park—3 Aug. 1–Apr. 30. sheep. Unit 26A—that portion west of Howard Pass and the Etivluk River (DeLong Mountains)—1 sheep by Federal reg- Aug. 10–April 30. istration permit. The total allowable harvest of sheep for the DeLong Mountains is 8, of which 5 may be rams and 3 may be ewes. If the allowable harvest levels are reached before the regular season closing date, the Superintendent of the Western Arctic National Parklands will announce an early closure. Unit 26B—that portion within the Dalton Highway Corridor Management Area—1 ram with 7⁄8 curl or larger horn Aug. 10–Sept. 20. by Federal registration permit only. Unit 26A, remainder and 26B, remainder—including the Gates of the Arctic National Preserve—1 ram with 7⁄8 Aug. 10–Sept. 20. curl or larger horn. Unit 26C—3 sheep per regulatory year; the Aug. 10–Sept. 20 season is restricted to 1 ram with 7⁄8 curl or larger Aug. 10–Sept. 20. horn. A Federal registration permit is required for the Oct. 1–Apr. 30 season. Oct. 1–Apr. 30. Moose: Unit 26A—that portion of the Colville River drainage upstream from and including the Anaktuvuk River drain- Aug. 1–Sept. 14. age—1 bull. Unit 26A—that portion of the Colville River drainage upstream from and including the Anaktuvuk River drain- Feb. 15–Apr. 15. age—1 moose; however, you may not take a calf or a cow accompanied by a calf. Unit 26A—that portion west of 156°00′ W. longitude excluding the Colville River drainage. 1 moose, however, July 1–Sept. 14. you may not take a calf or a cow accompanied by a calf. Unit 26A, remainder—1 bull ...... Aug. 1–Sept. 14. Unit 26B, excluding the Canning River drainage—1 bull ...... Sept. 1–14. Units 26B, remainder and 26C—1 moose by Federal registration permit by residents of Kaktovik only. The har- Jul. 1–Mar. 31. vest quota is 3 moose (2 antlered bulls and 1 of either sex), provided that no more than 2 antlered bulls may be harvested from Unit 26C and cows may not be harvested from Unit 26C. You may not take a cow accom- panied by a calf in Unit 26B. Only 3 Federal registration permits will be issued. Federal public lands are closed to the taking of moose except by a Kaktovik resident holding a Federal registration permit and hunting under these regulations.

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Harvest limits Open season

Musk ox: Unit 26C—1 bull by Federal registration permit only. The number of permits that may be issued only to the Jul. 15–Mar. 31. residents of the village of Kaktovik will not exceed three percent (3%) of the number of musk oxen counted in Unit 26C during a pre-calving census. Public lands are closed to the taking of musk ox, except by rural Alaska residents of the village of Kaktovik hunting under these regulations. Coyote: 2 coyotes ...... Sept. 1–Apr. 30. Fox, Arctic (Blue and White Phase): 2 foxes ...... Sept. 1–Apr. 30. Fox, Red (including Cross, Black and Silver Phases): Units 26A and 26B—10 foxes; however, no more than 2 foxes may be taken prior to Oct. 1 ...... Sept. 1–Mar. 15. Unit 26C—10 foxes ...... Nov. 1–Apr. 15. Hare (Snowshoe and Tundra): No limit ...... July 1–June 30. Lynx: 2 lynx ...... Nov. 1–Apr. 15. Wolf: 15 wolves ...... Aug. 10–Apr. 30. Wolverine: 5 wolverine ...... Sept. 1–Mar. 31. Ptarmigan (Rock and Willow): 20 per day, 40 in possession ...... Aug. 10–Apr. 30. TRAPPING Coyote: No limit ...... Nov. 1–Apr. 15. Fox, Arctic (Blue and White Phase): No limit ...... Nov. 1–Apr. 15. Fox, Red (including Cross, Black and Silver Phases): No limit ...... Nov. 1–Apr. 15. Lynx: No limit ...... Nov. 1–Apr. 15. Marten: No limit ...... Nov. 1–Apr. 15. Mink and Weasel: No limit ...... Nov. 1–Jan. 31. Muskrat: No limit ...... Nov. 1–June 10. Otter: No limit ...... Nov. 1–Apr. 15. Wolf: No limit ...... Nov. 1–Apr. 30. Wolverine: No limit ...... Nov. 1–Apr. 15.

■ 5. In subpart D of 36 CFR part 242 and (3) * * * Dated: June 7, 2010. 50 CFR part 100, amend § ll.27 by (xiii) * * * Peter J. Probasco, adding new paragraphs (i)(3)(xiii)(A) (A) In the Yukon River drainage, you Acting Chair, Federal Subsistence Board. and (B) to read as follows: may not take salmon for subsistence Dated: June 7, 2010. fishing using gillnets with stretched Steve Kessler, § ll.27 Subsistence taking of fish. mesh larger than 7.5 inches. * * * * * Subsistence Program Leader, USDA-Forest (B) [Reserved]. Service. (i) * * * * * * * * [FR Doc. 2010–15195 Filed 6–29–10; 8:45 am] BILLING CODE 4310–55–P

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Part IV

The President Memorandum of June 25, 2010— Providing Stability and Security for Medicare Reimbursements

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Federal Register Presidential Documents Vol. 75, No. 125

Wednesday, June 30, 2010

Title 3— Memorandum of June 25, 2010

The President Providing Stability and Security for Medicare Reimburse- ments

Memorandum for the Secretary of Health and Human Services

I have today signed into law H.R. 3962, the ‘‘Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010’’, which averts a 21.3 percent reduction in the Medicare physician fee schedule and replaces it with a 2.2 percent increase through November 2010. By this memorandum, I request that you immediately take the following steps to minimize any disruption to, or administrative burden on, Medicare physi- cians and other affected providers and to minimize any disruption in the ability of Medicare beneficiaries to access necessary services: (a) Direct the Medicare claims administration contractors to immediately implement the legislative update to the physician fee schedule conversion factor; (b) Provide all appropriate resources for the Medicare claims administration contractors to ensure the update is implemented as rapidly as possible; (c) Direct the Medicare claims administration contractors to automatically reprocess, to the extent feasible, any claims reflecting the 21.3 percent fee schedule reduction, in order to relieve the administrative burden on physi- cian practices; (d) Take all necessary steps, to the extent permitted by law, to protect Medicare beneficiaries from any disruption to their access to services that may be occasioned by the reprocessing of claims; and (e) Reopen the 2010 Annual Participation Enrollment Program through July 16, 2010, to allow physicians and other affected providers an additional opportunity to participate in Medicare. This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. You are hereby authorized and directed to publish this memorandum in the Federal Register.

THE WHITE HOUSE, Washington, June 25, 2010.

[FR Doc. 2010–16128 Filed 6–29–10; 11:15 am] Billing code 4150–42–P

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Reader Aids Federal Register Vol. 75, No. 125 Wednesday, June 30, 2010

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 1 CFR 531...... 34923 630...... 33491 Executive orders and proclamations 741–6000 Proposed Rules: 875...... 30267 The United States Government Manual 741–6000 9...... 33734 Proposed Rules: Other Services 11...... 33734 12...... 33734 1600...... 34388 Electronic and on-line services (voice) 741–6020 1604...... 34654, 36015 Privacy Act Compilation 741–6064 2 CFR 1651...... 34654, 36015 Public Laws Update Service (numbers, dates, etc.) 741–6043 2339...... 31273 TTY for the deaf-and-hard-of-hearing 741–6086 7 CFR 3 CFR 28...... 34319 ELECTRONIC RESEARCH Proclamations: 271...... 33422 World Wide Web 8527...... 32075 273...... 33422 Full text of the daily Federal Register, CFR and other publications 8528...... 32077 275...... 33422 is located at: http://www.gpoaccess.gov/nara/index.html 8529...... 32079 277...... 33422 Federal Register information and research tools, including Public 8530...... 32081 301...... 34320, 34322 Inspection List, indexes, and links to GPO Access are located at: 8531...... 32083 305...... 34322 http://www.archives.gov/federallregister 8532...... 32085 755...... 34336 E-mail 8533...... 34305 916...... 31275 8534...... 34307 917...... 31275 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 8535...... 34309 920...... 37288 an open e-mail service that provides subscribers with a digital 8536...... 34311 923...... 31663 form of the Federal Register Table of Contents. The digital form 8537...... 35949 925...... 34343 of the Federal Register Table of Contents includes HTML and 8538...... 35951 930...... 33673 PDF links to the full text of each document. Executive Orders: 944...... 34343 To join or leave, go to http://listserv.access.gpo.gov and select 13544...... 33983 956...... 34345 Online mailing list archives, FEDREGTOC-L, Join or leave the list 13545...... 37283 989...... 35959 (or change settings); then follow the instructions. Administrative Orders: 1218...... 31279 PENS (Public Law Electronic Notification Service) is an e-mail Memorandums: 1470...... 31610, 34924 service that notifies subscribers of recently enacted laws. Memorandum of May 1774...... 35962 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 21, 2010 ...... 32087 3430...... 33497 and select Join or leave the list (or change settings); then follow Memorandum of June 4280...... 33501 the instructions. 1, 2010 ...... 32245 Proposed Rules: FEDREGTOC-L and PENS are mailing lists only. We cannot Memorandum of June 46...... 32306 respond to specific inquiries. 2, 2010 ...... 32247 319...... 30303, 32310 Reference questions. Send questions and comments about the Memorandum of June 922...... 37740 Federal Register system to: [email protected] 10, 2010 ...... 33987 930...... 31719, 33673 The Federal Register staff cannot interpret specific documents or Memorandum of June 984...... 34950 regulations. 18, 2010 ...... 35953 1000...... 33534, 36015 Reminders. Effective January 1, 2009, the Reminders, including Memorandum of June 1215...... 31730 Rules Going Into Effect and Comments Due Next Week, no longer 18, 2010 ...... 35955 1755...... 32313 appear in the Reader Aids section of the Federal Register. This Memorandum of June information can be found online at http://www.regulations.gov. 25, 2010 ...... 37973 8 CFR CFR Checklist. Effective January 1, 2009, the CFR Checklist no Notices: 274...... 37707 longer appears in the Federal Register. This information can be Notice of June 8, Proposed Rules: found online at http://bookstore.gpo.gov/. 2010 ...... 32841 103...... 33446 Notice of June 8, 204...... 33446 2010 ...... 32843 FEDERAL REGISTER PAGES AND DATE, JUNE 244...... 33446 Notice of June 14, 274A ...... 33446 30267–30686...... 1 35289–35604...... 22 2010 ...... 34317 30687–31272...... 2 35605–35956...... 23 Notice of June 17, 9 CFR 31273–31662...... 3 35957–36256...... 24 2010 ...... 34921 31663–32074...... 4 36257–36504...... 25 Presidential Proposed Rules: 201...... 35338 32075–32244...... 7 36505–37286...... 28 Determinations: 32245–32648...... 8 37287–37706...... 29 No. 2010-09 of June 2, 32649–32840...... 9 10 CFR 37707–37974...... 30 2010 ...... 33489 32841–33158...... 10 No. 2010-10 of June 8, 72...... 33678 33159–33488...... 11 2010 ...... 34617 73...... 36505 33489–33672...... 14 170...... 34220 33673–33982...... 15 4 CFR 171...... 34220 33983–34318...... 16 200...... 37287 440...... 32089 34319–34616...... 17 Proposed Rules: 34617–34922...... 18 5 CFR 30...... 33902, 36212 34923–35288...... 21 Ch. LXXXII...... 35957 31...... 36212

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32...... 33902, 36212 65...... 31283 18 CFR 49...... 33740 33...... 33902 71 ...... 30295, 30689, 31677, 260...... 35632 54...... 34569, 37242 34...... 33902 32268, 32269, 32271, 32272, 375...... 32657 35...... 33902 32651, 32652, 33164, 33165, 27 CFR Proposed Rules: 36...... 33902 33681, 34624, 37291, 37292, 35...... 37884 478...... 31285 37...... 33902 37293, 37294 40...... 35689 39...... 33902 73...... 32093 28 CFR 260...... 35700 40...... 36212 91 ...... 30690, 37711, 37712 342...... 34959 542...... 34625 51...... 33902 97 ...... 32094, 32096, 32653, 806...... 36301 Proposed Rules: 70...... 36212 32655, 35627, 35629 808...... 36301 0...... 33205 71...... 33902 234...... 34925 51...... 33205 72...... 33736 406...... 30690 19 CFR 73...... 33902 Proposed Rules: 162...... 37707 29 CFR 430 ...... 31224, 31323, 34656, 21...... 34953 Proposed Rules: 1202...... 32273 37594 23...... 33553 351...... 32341, 34960 1206...... 32273 433...... 34657 25...... 37311 1404...... 30704 435...... 34657 33...... 37311 20 CFR 2530...... 32846 39 ...... 30740, 31324, 31327, 12 CFR 404 ...... 30692, 32845, 33166, 2590...... 34536, 37188 31329, 31330, 31332, 31731, 33167 2578...... 34626 205...... 31665, 33681 31734, 32315, 32863, 33738, 405...... 33167 4022...... 33688 226...... 37526 34062, 34390, 34657, 34661, 408...... 33167 4044...... 33688 230...... 31673 34663, 34953, 34956, 35354, 416...... 32845, 33167 Proposed Rules: 370...... 36506 35356, 36296, 36298, 36577, 418...... 33167 1910...... 32142, 35360 561...... 33501 36579, 36581, 37339 439...... 31273 604...... 35966 65...... 30742 30 CFR 607...... 35966 71 ...... 30746, 32117, 32119, Proposed Rules: 611...... 30687 32120, 32317, 32865, 33556, 1001...... 33203 Proposed Rules: Ch. VII...... 34666 612...... 35966 33557, 33559, 33560, 33561, 21 CFR 613...... 30687 34391, 34393, 36583, 36585, 218...... 32343 614...... 35966 36586, 36587 73...... 34360 938...... 34960, 34962 106...... 32658 615...... 30687, 35966 234...... 32318, 36300 31 CFR 618...... 35966 244...... 32318, 36300 107...... 32658 619...... 30687 250...... 32318, 36300 312...... 32658, 37295 1...... 36535, 36536 620...... 30687 253...... 32318, 36300 314...... 37295 560...... 34630 627...... 35966 259...... 32318, 36300 558...... 34361 Proposed Rules: 701...... 34619, 36257 399...... 32318, 36300 803...... 32658 103...... 36589 702...... 34619 872...... 33169 208...... 34394 704...... 34619 15 CFR 1308...... 37295, 37300 708a...... 34619 730...... 36482 1310...... 37301 32 CFR 708b...... 34619 734 ...... 31678, 36482, 36511 Proposed Rules: 320...... 34634 709...... 34619 738...... 36482, 36511 510...... 36588 2001...... 37254 711...... 34619 740 ...... 31678, 36482, 36511 514...... 36588 2003...... 37254 712...... 34619 742...... 36482, 36511 558...... 36588 715...... 34619 744...... 31678, 36516 1301...... 32140 33 CFR 716...... 34619 748...... 31678, 36482 1309...... 32140 1...... 36273 717...... 34619 750...... 31678 1310...... 36306 3...... 36273 721...... 34619 766...... 31678, 33682 8...... 36273 22 CFR 722...... 34619 772...... 36482, 36511 13...... 36273 741...... 34619 774 ...... 31678, 33989, 36482, 22...... 36522 19...... 36273 742...... 34619 36511 51...... 36522 23...... 36273 745...... 34619 801...... 35289 25...... 36273 24 CFR 747...... 34619 904...... 35631 26...... 36273 790...... 34619 Proposed Rules: 3500...... 36271 27...... 36273 791...... 34619 700...... 32122 Proposed Rules: 51...... 36273 792...... 34619 742...... 37742 1000...... 36022 67...... 36273 793...... 34619 774...... 37742 3280...... 34064 81...... 36273 795...... 34619 902...... 32994, 37744 3282...... 35902 84...... 36273 1102...... 36270 3285...... 35902 89...... 36273 16 CFR Proposed Rules: 3500...... 31334 96...... 36273 25...... 35686, 36016 320...... 31682 100 ...... 30296, 32661, 32852, 25 CFR 228...... 35686, 36016 1215 ...... 31688, 31691, 33683 33502, 33690, 34634 345...... 35686, 36016 1216...... 35266, 35282 900...... 31699 101...... 36273 563e...... 35686, 36016 1500...... 35279 1000...... 31699 104...... 36273 1282...... 32099 1512...... 34360 105...... 36273 26 CFR 110...... 36273 17 CFR 14 CFR 1 ...... 31736, 32659, 33990, 114...... 36273 39 ...... 30268, 30270, 30272, 30...... 35291 35643 116...... 36273 30274, 30277, 30280, 30282, 240...... 33100 40...... 33683 117 ...... 30299, 30300, 32663, 30284, 30287, 30290, 30292, 241...... 33100 49...... 33683 32854, 33505, 37307, 37308 30687, 31282, 32090, 32251, Proposed Rules: 54...... 34536, 37188 118...... 36273 32253, 32255, 32260, 32262, 36...... 33198 301...... 33992 120...... 36273 32263, 32266, 32649, 33159, 37...... 33198 602 ...... 33683, 34536, 35643, 126...... 36273 33162, 34347, 34349, 34354, 38...... 33198 37188 127...... 36273 34357, 34924, 35605, 35609, 230...... 35920 Proposed Rules: 128...... 36273 35611, 35613, 35616, 35619, 242...... 32556 1...... 35710 135...... 36273 35622, 35624, 37708 270...... 35920 40...... 33740 140...... 36273

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141...... 36273 17...... 30306, 33216 268...... 35128 13 ...... 34271, 34273, 34279 144...... 36273 271 ...... 34674, 35128, 35720, 14...... 34279 147...... 32273 39 CFR 36609 15...... 34279 148...... 36273 20 ...... 34017, 35302, 37308 272...... 36609 16...... 34271 149...... 36273 111 ...... 30300, 31288, 31702, 300...... 33747, 34405 19...... 34260 150...... 36273 36537 302...... 35128 22...... 34282 151...... 36273 Proposed Rules: 761...... 34076 24...... 34273 153...... 36273 111...... 32143 1039...... 32613 25...... 34282 154...... 36273, 37712 501...... 30309 1042...... 32613 30...... 34283 155...... 36273, 37712 3010...... 34074 1065...... 32613 31...... 34285, 34291 156...... 36273 1068...... 32613 44...... 34277 157...... 36273 40 CFR 49...... 34291 159...... 36273 7...... 31702 42 CFR 52 ...... 34258, 34260, 34277, 160...... 36273 9...... 35977, 37722 417...... 32858 34279, 34282, 34283, 34286, 164...... 36273 50...... 35520 422...... 32858 34291 165 ...... 30706, 30708, 32275, 51...... 31514 423...... 32858 53...... 34260, 34286 32280, 32664, 32666, 32855, 52 ...... 30710, 31288, 31290, 480...... 32858 209...... 35684 33170, 33506, 33692, 33694, 31306, 31514, 31709, 31711, Proposed Rules: 216...... 32641 33696, 33698, 33701, 33995, 32293, 32673, 32857, 32858, 412 ...... 30756, 30918, 34612 217 ...... 32638, 32639, 34942 33997, 33999, 34001, 34361, 33172, 33174, 34644, 34939, 413 ...... 30756, 30918, 34612 225 ...... 32637, 32640, 34943 34362, 34365, 34367, 34369, 37308, 37727 482...... 36610 228...... 32642 34372, 34374, 34376, 34379, 53...... 35520 485...... 36610 231...... 32642 34636, 34639, 34641, 34927, 58...... 35520 234...... 32638 34929, 34932, 34934, 34936, 63 ...... 31317, 34649, 37730, 44 CFR 239...... 34946 35294, 35296, 35299, 35648, 37732 64...... 32302, 35666 241...... 34942 35649, 35651, 35652, 35968, 70...... 31514 65 ...... 35670, 35672, 35674, 252 ...... 32642, 33195, 34943, 35970, 36273, 36288, 36292, 71...... 31514 35682 35684 37720, 37722 80...... 37733 67...... 34381 505...... 32860 167...... 36273 81...... 35302 3025...... 32676 Proposed Rules: 169...... 36273 82...... 34017 3052...... 32676 67 ...... 31361, 31368, 32684, 174...... 36273 112...... 37712 34415 Proposed Rules: 179...... 36273 141...... 32295 202...... 33752 181...... 36273 156...... 33705 45 CFR 203...... 33752 183...... 36273 174...... 34040 212...... 33752 144...... 37188 334...... 34643 180 ...... 31713, 33190, 34045, 242...... 33237 146...... 37188 Proposed Rules: 35653, 37734, 37738 252...... 32636, 33752 147...... 34536, 37188 100...... 32866 228...... 33708 919...... 33752 170...... 36158 117 ...... 30305, 30747, 30750, 260...... 31716 922...... 33752 32349, 32351, 36313, 36608 261...... 31716, 33712 Proposed Rules: 923...... 33752 165...... 30753, 33741 262...... 31716 301...... 32145 924...... 33752 263...... 31716 302...... 32145 925...... 33752 34 CFR 264...... 31716 303...... 32145 926...... 33752 5...... 33509 265...... 31716 307...... 32145 952...... 33752 266...... 31716 361...... 32857 46 CFR 970...... 32719 371...... 34296 268...... 31716 3015...... 32723 691...... 32857 270...... 31716 501...... 31320 3016...... 32723 Proposed Rules: 271...... 35660, 36538 Proposed Rules: 3052...... 32723 Ch. VI...... 31338 272...... 36538, 36546 97...... 34574, 34682 49 CFR 600...... 34806 300...... 33724 148...... 34574, 34682 716...... 37310 234...... 36551 602...... 34806 47 CFR 603...... 34806 721...... 35977 365...... 35318 668...... 34806 1039...... 37310 1...... 36550 387...... 35318 682...... 34806 1065...... 34653, 37310 27...... 33729, 35989 390...... 32860 685...... 34806 Proposed Rules: 36...... 30301 395...... 32860 686...... 34806 7...... 31738 52...... 35305 541...... 34946 690...... 34806 52 ...... 30310, 31340, 32353, 73...... 34049 571...... 33515 691...... 34806 33220, 33562, 34669, 34670, 76...... 34941 830...... 35329 34671, 34964, 36023, 36316 90...... 35315 1002...... 30711 36 CFR 60 ...... 31938, 32613, 32682 Proposed Rules: 1011...... 30711 242...... 37918 63 ...... 31896, 32006, 32682, 2...... 33748 1152...... 30711 34673 15...... 33220 1180...... 30711 37 CFR 72...... 33392 54...... 32692, 32699 Proposed Rules: 1...... 36294 75...... 33392 73...... 30756, 33227 192...... 36615 2...... 35973 81...... 35362, 36023 90...... 35363 195...... 35366 7...... 35973 86...... 33950 97...... 33748 535...... 33565 102...... 36294 87...... 36034 544...... 34966 104...... 36294 98...... 33950 48 CFR 571...... 37343 256...... 32857 122...... 35712 Ch. I...... 34256, 34291 611...... 31321, 33757 136...... 35712 1...... 34260 38 CFR 156...... 33744 3...... 34258 50 CFR 17...... 32668, 32670 228...... 33747 4...... 34260, 34271 17...... 35990 21...... 32293 241...... 31844, 32682 5...... 34271, 34273 100...... 37918 36...... 33704 257...... 35128 6...... 34273 223...... 30714 39...... 34004 261...... 35128 8...... 34271 600...... 30484 Proposed Rules: 264...... 35128 10...... 34277 622...... 35330, 35335 4...... 35711 265...... 35128 12...... 34279 635 ...... 30484, 30730, 30732,

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33531, 33731 648 ...... 30739, 34049, 36012, 36659, 37739 660...... 33196, 33733 679...... 31321, 31717 Proposed Rules: 17 ...... 30313, 30319, 30338, 30757, 30769, 31387, 32727, 32728, 32869, 34077, 35375, 35398, 35424, 35721, 35746, 35751, 36035, 37350, 37353, 37358 20...... 32872 80...... 32877 223...... 30769 224...... 30769q 229...... 36318 300...... 36619 600...... 33570 635...... 35432 648...... 35435, 37745 660...... 32994, 37744 665...... 34088 679...... 37371 697...... 34092

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Register but may be ordered located at 2000 Louisiana subscribe, go to http:// in ‘‘slip law’’ (individual Avenue in New Orleans, listserv.gsa.gov/archives/ LIST OF PUBLIC LAWS pamphlet) form from the Louisiana, as the ‘‘Roy publaws-l.html Superintendent of Documents, Rondeno, Sr. Post Office This is a continuing list of U.S. Government Printing Building’’. (June 28, 2010; 124 public bills from the current Office, Washington, DC 20402 Stat. 1308) Note: This service is strictly session of Congress which for E-mail notification of new have become Federal laws. It (phone, 202–512–1808). The Last List June 29, 2010 text will also be made laws. The text of laws is not may be used in conjunction available through this service. with ‘‘P L U S’’ (Public Laws available on the Internet from PENS cannot respond to Update Service) on 202–741– GPO Access at http:// Public Laws Electronic 6043. This list is also www.gpoaccess.gov/plaws/ Notification Service specific inquiries sent to this available online at http:// index.html. Some laws may (PENS) address. www.archives.gov/federal- not yet be available. register/laws.html. H.R. 3951/P.L. 111–193 PENS is a free electronic mail The text of laws is not To designate the facility of the notification service of newly published in the Federal United States Postal Service enacted public laws. To

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